draft shoreline master programstevenssmpupdate.com/_resources/pdfs/2016_april...april 2016 stevens...

April 2016 (Updated May 11 by Anchor QEA with WAC and RCW references)

PREPARED FOR: STEVENS COUNTY

AND THE CITY OF KETTLE FALLS, TOWN OF MARCUS, AND TOWN OF NORTHPORT

Draft Shoreline Master Program

Stevens County Partnership Shoreline Master Program Update

Prepared by: Anchor QEA, LLC 8033 W. Grandridge Boulevard., Suite A Kennewick, Washington 99336

Prepared with Assistance from:

Oneza and Associates

3131 Western Avenue, Suite 316

Seattle, Washington 98121

This report was funded through a grant from the Washington State Department of Ecology

April 2016

Stevens County Partnership Shoreline Master Program Draft Anchor QEA/Oneza & Associates i

TABLE OF CONTENTS 1

SECTION I: Shoreline Goals and Policies (RCW 90.58.100) ...................................................... 1 2

1. Introduction .................................................................................................................. 1 3

2. Relationship between Growth Management Act and Shoreline Management Act . 1 4

3. Profile of the Shoreline Jurisdiction within Stevens County ..................................... 2 5

3.1 Shoreline Jurisdiction Rivers and Lakes ................................................... 2 6

3.2 Shorelines of Statewide Significance ........................................................ 3 7

4. Development of Goals and Policies ............................................................................. 4 8

4.1 Economic Development Element ............................................................. 4 9

4.2 Public Access and Recreation Element .................................................... 6 10

4.3 Circulation Element ................................................................................... 8 11

4.4 Shoreline Uses and Modifications Element .............................................. 9 12

4.5 Conservation Element ............................................................................. 20 13

4.6 Historic, Cultural, Scientific, and Educational Resources Element ...... 22 14

4.7 Flood Hazard Management Element ...................................................... 23 15

4.8 Private Property Right (WAC 173-26-191(2)(a)(i))............................... 23 16

SECTION II: Shoreline Regulations ........................................................................................... 25 17

Article I. Authority and Purpose .................................................................................... 25 18

03.10.010 Authority ............................................................................................ 25 19

03.10.020 Applicability ....................................................................................... 25 20

03.10.030 Purpose ............................................................................................... 25 21

03.10.040 Relationship to Other Codes, Ordinances, and Plans ...................... 26 22

03.10.050 Liberal Construction .......................................................................... 27 23

03.10.060 Severability......................................................................................... 27 24

03.10.070 Effective Date ..................................................................................... 28 25

Article II. Environment Designation .............................................................................. 29 26

03.10.100 Environment Designations ................................................................ 29 27

03.10.110 Aquatic ............................................................................................... 30 28

03.10.120 Natural ................................................................................................ 31 29

03.10.130 Conservancy ....................................................................................... 33 30

03.10.140 Recreation Conservancy ................................................................... 34 31

03.10.150 Recreation .......................................................................................... 36 32

03.10.160 Rural ................................................................................................... 37 33

03.10.170 High Intensity .................................................................................... 39 34

03.10.180 Shoreline Residential ......................................................................... 40 35

03.10.190 Shoreline Residential – Low Intensity ............................................. 41 36

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Stevens County Partnership Shoreline Master Program Draft Anchor QEA/Oneza & Associates ii

Article III. General Regulations ...................................................................................... 44 1

03.10.200 Shoreline Use and Modification ....................................................... 44 2

03.10.210 Development Standards ..................................................................... 48 3

03.10.220 Archaeological and Historic Resources ............................................ 49 4

03.10.230 Environmental Protection................................................................. 53 5

03.10.240 Shoreline Vegetation Conservation .................................................. 54 6

03.10.250 Water Quality, Stormwater, and Nonpoint Pollution ..................... 54 7

03.10.260 Public Access ...................................................................................... 55 8

03.10.270 Flood Hazard Reduction .................................................................... 60 9

Article IV. Shoreline Modifications and Use Regulations ............................................. 65 10

03.10.300 Agriculture ......................................................................................... 65 11

03.10.310 Aquaculture ........................................................................................ 66 12

03.10.320 Boating Facilities ................................................................................ 67 13

03.10.330 Breakwater, Jetties, Groins, and Weirs............................................. 71 14

03.10.340 Commercial Development ................................................................ 72 15

03.10.350 Dredging and Dredge Material Disposal .......................................... 73 16

03.10.360 Fill and Excavation ............................................................................ 77 17

03.10.370 Forest Practices ................................................................................. 78 18

03.10.380 Industry .............................................................................................. 79 19

03.10.380 In-Stream Structures ......................................................................... 80 20

03.10.390 Mining ................................................................................................ 82 21

03.10.400 Piers and Docks .................................................................................. 83 22

03.10.410 Recreational Development ................................................................ 94 23

03.10.420 Residential Development .................................................................. 97 24

03.10.430 Shoreline Habitat and Natural Systems Enhancement Projects ..... 98 25

03.10.440 Shoreline Stabilization....................................................................... 99 26

03.10.450 Transportation: Trails, Roads, and Parking .................................... 100 27

03.10.460 Utilities ............................................................................................. 102 28

Article V. Critical Areas ................................................................................................ 106 29

03.10.500 General Provisions ........................................................................... 106 30

03.10.510 Wetlands .......................................................................................... 110 31

03.10.520 Fish and Wildlife Habitat Conservation Areas .............................. 119 32

03.10.530 Critical Aquifer Recharge Areas ..................................................... 127 33

03.10.540 Frequently Flooded Areas ............................................................... 135 34

03.10.550 Geologically Hazardous Areas ........................................................ 137 35

03.10.560 Buffers and Mitigation ..................................................................... 140 36

03.10.570 Critical Area Review Process .......................................................... 154 37

Article VI. Existing Uses, Structures, and Lots ............................................................ 163 38

03.10.600 Applicability .................................................................................... 163 39

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03.10.610 Nonconforming Uses ....................................................................... 163 1

03.10.620 Nonconforming Structures ............................................................. 164 2

Article VII. Administration and Enforcements ........................................................... 168 3

03.10.700 Roles and Responsibilities ............................................................... 168 4

03.10.710 Interpretation ................................................................................... 169 5

03.10.720 Statutory Noticing Requirements .................................................. 170 6

03.10.730 Application Requirements .............................................................. 170 7

03.10.740 Shoreline Substantial Development Permits .................................. 170 8

03.10.750 Shoreline Conditional Use Permits................................................. 171 9

03.10.760 Shoreline Variance Permits ............................................................ 172 10

03.10.770 Exemptions from Shoreline Substantial Development Permits .... 174 11

03.10.780 Duration of Permits ........................................................................ 179 12

03.10.790 Initiation of Development ............................................................... 180 13

03.10.800 Review Process ................................................................................ 180 14

03.10.810 Appeals ............................................................................................. 181 15

03.10.820 Amendments to Permits .................................................................. 181 16

03.10.830 Enforcement ..................................................................................... 181 17

03.10.840 Cumulative Effects of Shoreline Developments ............................ 182 18

03.10.850 Amendments to Shoreline Master Program ................................... 183 19

03.10.860 Definitions ........................................................................................ 183 20

03.10.870 Shoreline Environment Designation Map ...................................... 203 21

22

List of Tables 23

Table 1. Shorelines of the State: Rivers and Streams .................................................................. 2 24

Table 2. Shorelines of the State: Lakes......................................................................................... 3 25

Table 3. Shorelines of Statewide Significance: Rivers, Streams and Lakes ................................ 4 26

Table 03.10.200 (B) Shoreline Use and Modification Matrix .................................................... 44 27

Table 03.10.210 (B) Shoreline Development Standards Matrix ............................................... 48 28

Table 03.10.510 (D)(1)(b). Land Use Intensity Table .............................................................. 115 29

Table 03.10.510 (D)(1)(c). Wetland Buffer Widths ................................................................ 116 30

Table 03.10.560 (B)(4)(b). Mitigation Ratios for Eastern Washington ..................................... 152 31

32

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Stevens County Partnership Shoreline Master Program Draft Anchor QEA/Oneza & Associates 1

SECTION I: Shoreline Goals and Policies (RCW 90.58.100) 1

1. Introduction 2

Stevens County, and the City of Kettle Falls, Town of Marcus, and Town of Northport have 3

formed the Stevens County Partnership (Partnership) to update the Shoreline Master Program 4

(SMP) in implement the requirements of the Washington State Shoreline Management Act 5

(SMA), Revised Code of Washington (RCW 90.58) and the state SMA guidelines (Chapter 173-6

26 Washington Administrative Code [WAC]; SMA Rule), and the Shoreline Management Permit 7

and Enforcement Procedures (WAC 173-27). This regional SMP is tailored to the unique and 8

varying geographic, economic, and particular land uses in each of the four jurisdictions in the 9

Partnership. 10

The SMA was enacted in 1971 to provide for the management and protection of shorelines of the 11

state by regulating development in the shoreline area. The goal of the SMA is “to prevent the 12

inherent harm in an uncoordinated and piecemeal development of the state's shorelines” (RCW 13

90.58.020). The SMA requires cities, towns and counties to adopt an SMP to regulate shoreline 14

development and accommodate “all reasonable and appropriate uses” consistent with “protection 15

against adverse effects to the public health, the land and its vegetation and wildlife, and the 16

waters of the state and their aquatic life…and public rights of navigation.” Stevens County’s 17

current SMP was adopted in 1999. The City of Kettle Falls, Town of Marcus, and Town of 18

Northport did not have SMPs prior to this date. 19

Washington State Department of Ecology (Ecology) approved the updated SMA Rule in 2003. 20

The SMA and implementing SMP Rule require all towns, cities, and counties across the state to 21

comprehensively update their SMPs. The Rule provides new requirements for environmental 22

protections, including meeting no net loss of ecological functions, providing for public access, 23

accounting for advancements in science and shoreline management practices, and establishing a 24

clear relationship between the SMA and the Growth Management Act (GMA). 25

The updated version of the SMP provides goals, policies, and regulations for development within 26

the Partnership’s shorelines consistent with the SMA and Rule. 27

2. Relationship between Growth Management Act and Shoreline 28

Management Act 29

A. Consistency between GMA and SMA required according to RCW 36.70A.480. 30

B. An SMP contains goals, policies, regulations, and environment designation maps that 31

guide shoreline development in accordance with SMA (RCW 90.58), Ecology SMA 32

Rule (WAC 173-26), and Shoreline Management Permit and Enforcement Procedures 33

(WAC 173-27). 34

C. The Partnership’s SMP is integrated with local land use regulations in each of the 35

Partnership jurisdictions. Consistent with RCW 36.70A.480, the goals and policies 36

contained in this SMP shall be considered an element of local comprehensive plans 37

required by the GMA. 38

April 2016


D. The Inventory, Analysis, and Characterization Report; Restoration Plan; Cumulative 1

Impacts Analysis Report (which includes the “no net loss of shoreline ecological 2

functions” analysis findings); and Public Participation Plan are supporting documents 3

and are not adopted as part of this Program or local Comprehensive Land Use Plans. 4

E. The Inventory, Analysis, and Characterization Report establishes the baseline against 5

which the standard “no net loss of shoreline ecological functions” is measured. The 6

Restoration Plan identifies and prioritizes shoreline ecological restoration opportunities 7

that may be undertaken independently or in conjunction with mitigation for 8

development impacts to improve shoreline ecological functions over time. 9

3. Profile of the Shoreline Jurisdiction within Stevens County 10

The Washington State SMA defines the shoreline of the state as “all ‘shorelines’ and ‘shorelines 11

of statewide significance’ within the state” (RCW 90.58.030). The shoreline includes floodways, 12

land within 200 feet of the ordinary high water mark (OHWM) of the waterways, floodplains up 13

to 200 feet from the floodway edge, and associated wetlands. 14

3.1 Shoreline Jurisdiction Rivers and Lakes 15

The Partnership’s SMP includes ten streams and 40 lakes that are Shorelines of the State. The 16

Partnership’s waterbodies defined as shorelines of the state are listed below in Table 1. 17

Table 1. Shorelines of the State: Rivers and Streams 18

Stream Name

Total Length of Proposed

Shoreline

Chamokane Creek 26.922.0 miles

Chewelah Creek 7.6 miles 1

Deep Creek 13.5 miles

Deep Creek (North Fork)

7.5 miles

Deep Creek (South Fork)

8.9 miles

Little Pend Oreille River

23.6 miles

Little Sheep Creek 2.8 miles

Mill Creek 18.6 miles

Onion Creek 5.4 miles

Rocky Creek 0.14 miles

Notes: 19 1 = Includes the length of the North Fork Chewelah Creek 20

21

Commented [A1]: To be developed later in the update process

April 2016


Table 2. Shorelines of the State: Lakes 1 1

Lake Name Revised Acreage (acres) Lake Name Revised Acreage (acres)

Bayley Lake 74.2 McCoy Lake 37.0

Beitey Reservoir 25.1 McDowell Lake 43.2

Black Lake 69.1 Mission Lake 22.0

Browns Lake 23.1 Mudgett Lake 24.9

Cedar Lake South 48.5 Nelson Lake 26.9

Cedar Lake North (Little Joe Lake)

33.1 Pepoon Lake 31.4

Clark Lake 24.6 Perkins Lake 20.2

Coffin Lake 20.6 Phalon Lake 24.7

Deep Lake 191.7 Pierre Lake 86.1

Dilly Lake 37.9 Ponderosa Lake 67.2

Echo Lakes 72.6 21 Rocky Lake 20.2

Fourmile Lake (Rainbow Lake)

27.5 Ryan Lake 23.5

Gillette Lake 48.1 Sherry Lake 25.5

Grays Lake 31.4 Starvation Lake 26.6

Hatch Lake 34.7 Thomas Lake 160.9

Heritage Lake 68.6 Twin Lakes (Spruce

Lake) 49.0

Horseshoe Lake 36.6 Waitts Lake Reservoir 469.7

Jumpoff Jim Lake 26.2 White Mud Lake and

Keogh Lake 43 165

Jumpoff Joe Lake 114.7 Williams Lake 34.3

Leo Lake 31.8 32

Notes: 2 1 = Lake Spokane is included as part of the Spokane River and listed in Table 3 3 2 = Including associated wetlands 4 32 = Approximately 5 acres of 31.8 acres are located in Stevens County 5 43 = Listed together due to hydrologic connectivity 6

7

3.2 Shorelines of Statewide Significance 8

Shorelines of statewide significance for east of the crest of the Cascades (RCW 90.58.030) are 9

those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 10

1,000 acres or more measured at the OHWM; and streams or rivers (or segments of natural 11

streams) “that have either: a mean annual flow of 200 cubic feet per second or more, or the 12

portion downstream from the first 300 square miles of drainage area. The Partnership’s SMP 13

includes five rivers and two lakes that are Shorelines of Statewide Significance. 14

April 2016


Table 3. Shorelines of Statewide Significance: Rivers, Streams and Lakes 1

Waterbody Name

Total Length or Acres of Proposed

Shoreline

Big Sheep Creek 16 miles

Colville River 57.6 miles

Columbia River 108.6 miles

Kettle River 33.6 miles

Spokane River 1 59.3 miles

Deer Lake 1,146.3 acres

Loon Lake 1,086.0 acres

Notes: 2 1 = Includes Lake Spokane 3

4

4. Development of Goals and Policies 5

Goals express broad value statements that reflect the Partnership’s vision of its shorelines. Goals 6

also provide a framework upon which the more detailed SMP shoreline use environments, 7

policies, regulations, and administrative procedures are based in subsequent chapters. Policies 8

are more detailed statements reflecting the Partnership’s goals and visions for its shorelines. 9

Policies provide detail to the associated goals and act as a bridge between the goals and 10

implementing regulations. 11

The SMP goals and policies are categorized according to the Master Program elements required 12

in the SMA. The general goal and policy statements found within each SMP element provide the 13

policy basis for local program administration. 14

4.1 Economic Development Element 15

A. Goals 16

1. Support the retention and expansion of existing economic activities such as 17

agriculture, transportation, marinas, angling, hunting, and general recreation 18

while protecting the rural character of the County. 19

2. Develop, as an economic asset, the water-oriented tourism and recreational 20

industry that would enhance the public enjoyment of the shoreline. 21

3. Promote economic growth that provides for the sustainable use of natural 22

resources, conserves open spaces and maintains the environmental quality and 23

rural character that makes Stevens County and the cities and towns preferred 24

places to live and work. 25

Commented [A2]: RCW 90.58.020 The overarching goal of the SMA is “to prevent the inherent harm in

an uncoordinated and piecemeal development of the state’s

shorelines.”

WAC 173-26-186(8)(b): Governing Principles -

Local master programs shall include policies and regulations designed to achieve no net loss of those ecological functions.

Commented [A3]: RCW 90.58.100:

(2) The master programs shall include, when appropriate, the following:

(a) An economic development element for the location and

design of industries, projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce

and other developments that are particularly dependent on their

location on or use of the shorelines of the state;

Commented [A4]: All tailored to local conditions and overarching principles. Partnership to review.

April 2016


4. Maintain and enhance natural resource-based industries within shoreline, 1

including productive agriculture (commodity and specialty crop production and 2

grazing), fisheries, and forest practices, while maintaining environmental 3

quality. Discourage incompatible uses near the natural resource-based 4

industries. 5

5. Development within shoreline jurisdiction should recognize the economic 6

values of the natural character and aesthetics of views and vistas to the 7

shoreline. 8

B. Policies 9

1. Ensure healthy, orderly economic growth by providing for those economic 10

activities that will be an asset to the local economy and for which the adverse 11

effects on the quality of the shoreline and surrounding environment can be 12

avoided, or where this is not possible, mitigated. 13

2. Maintain current agricultural, mining, and forestry natural resource uses as a 14

major economic strength of the region. Protect current agricultural, land uses 15

and provide for developing new resource uses in shorelands, as applicable. 16

3. Maintain and protect existing water-dependent and water-related uses that 17

support Stevens County’s economy. Provide opportunities for future 18

expansions of such industries. Examples include ferries, recreational fisheries, 19

and navigation. 20

4. Allow diversion of water for agricultural purposes consistent with the State’s 21

water rights and water management laws. 22

5. Promote tourism and develop and maintain the recreation and tourism industry 23

along shorelines in a manner that will enhance public enjoyment. 24

6. Work with agencies to ensure sustainable economic growth along the shoreline. 25

Encourage cooperative use of existing port waterfront facilities, including docks 26

and piers, where feasible and when they do not negatively affect public safety. 27

7. Give preference to economic activities in undeveloped areas, which either leave 28

natural or existing shoreline features, such as trees, shrubs, grasses, and wildlife 29

habitat, unmodified or modify them in a way that enhances human awareness 30

and appreciation of the shoreline and other natural and non-natural 31

surroundings. 32

8. Encourage new economic development in the following priority order: 33

water-dependent, water-related, and water-enjoyment. 34

9. Ensure that any economic activity taking place along the shoreline operates 35

without causing irreparable harm to the site’s ecological integrity and function 36

and that of adjacent shorelands. 37

April 2016


10. Where possible, developments are encouraged to incorporate low-impact 1

development techniques into new projects and to integrate architectural and 2

landscape elements that recognize and are consistent with the river shoreline 3

environment. 4

11. Require commercial and recreational development that is not water-oriented to 5

provide ecological restoration and public access as appropriate. 6

12. Ensure that new industrial, commercial, and agricultural uses will not result in a 7

net loss of shoreline ecological functions or have significant adverse impacts on 8

navigation, recreation, and public access. 9

4.2 Public Access and Recreation Element 10

A. Goals 11

1. Promote, protect, and, where possible, enhance both physical and visual public 12

access along the shoreline, especially on the publicly owned shorelines. 13

Increase the amount and diversity of public access along the shoreline consistent 14

with private property rights, public safety, National Park Service, Forest 15

Services and Wildlife Refuges’ requirements and the natural shoreline 16

character. 17

2. Maintain and, where possible, enhance existing physical and visual public 18

access and provide additional public access, where appropriate and where 19

possible, such as Lake Roosevelt, Columbia River, Spokane River, Loon Lake, 20

Deer Lake, parks and campgrounds along the rivers, Kettle River and other 21

shorelines. 22

3. Provide new physical and visual public access as feasible and when new 23

development creates demand for public access. 24

4. Maintain existing public access and eEncourage where feasible diverse, 25

convenient, and adequate water-oriented recreational opportunities along the 26

shoreline for the public, recognizing the significant sections of privately owned 27

lands on Colville River, Spokane River, Kettle River, and lakes in central and 28

southeast portions of the County. Significant public access is currently 29

available on publicly owned land in many areas of the County, and within the 30

City and Towns. 31

5. Give water-oriented shoreline recreational development priority within public 32

lands on shoreline jurisdiction. 33

B. Policies 34

1. Protect and enhance visual and physical access to shorelines. 35

Commented [A5]: Revisit term

Commented [A6]: RCW 90.58.020- (5)Increase public access to publicly owned areas of the shorelines

RCW 90.58.100:

(2) The master programs shall include, when appropriate, the

following:

(a) An economic development element …..

(b) A public access element making provision for public access

to publicly owned areas;

Commented [A7]: WAC 173-26-221(4)(d)(i). The master program should seek to increase the amount and

diversity of public access to the state's shorelines consistent with the

natural shoreline character, property rights, public rights under the

Public Trust Doctrine, and public safety.

WAC 173-26-221(4)(b)(i)

Promote and enhance the public interest with regard to rights to access waters held in public trust by the state while protecting

private property rights and public safety

Commented [A8]: WAC 173-26-221(4)

(b) Principles. Local master programs shall:

(i) Promote and enhance the public interest with regard to rights to

access waters held in public trust by the state while protecting

private property rights and public safety.

Commented [A9]: (includes Lake Spokane)

Commented [A10]: Identify areas (upper and lower) to acquire for public access on kettle River.

Commented [A11]: Call out Kettle River? Discuss how to

address

Commented [A12]: WAC 173-26-221(4)(d)(i). …..establish policies and regulations that protect and enhance both

physical and visual public access.

Commented [A13]: RCW 90.58.020(6) Increase recreational opportunities for the public in the shoreline;

Commented [A14]: WAC 173-26-201(2)(d)

(iii) Reserve shoreline areas for other water-related and water-enjoyment uses that are compatible with ecological protection and

restoration objectives.

Commented [A15]: WAC 173-26-221(4)(d)(i).

…..establish policies and regulations that protect and enhance both


April 2016


2. Ensure that developments, uses, and activities on or near the shoreline do not 1

impair or detract from the public’s access to the water. Where practicable, 2

public access to the shoreline should be enhanced. 3

3. Design public access that minimizes potential impacts to private property and 4

individual privacy. 5

4. Locate, design, manage, and maintain public access and recreation facilities in a 6

manner that protects shoreline ecological functions and processes and the 7

public’s health and safety. 8

5. Identify opportunities for public access on publicly owned shorelines. 9

Encourage federal, state, and local governments to provide public access and 10

recreational uses on existing shoreline properties according to their management 11

policies and public preferences. Preserve, maintain, and, where possible, 12

enhance public access afforded by shoreline street ends, public utilities, and 13

rights-of-way. 14

6. Protect historic public access points such as Kettle Falls Marina, and maintain 15

the natural character of these areas. 16

7. Provide physical and visual public access in the shoreline jurisdiction in 17

association with the following uses when feasible: residential developments 18

with five or more dwellings, commercial development, and public agency 19

recreational development. 20

8. Provide public access and interpretive displays as part of publicly funded 21

restoration or enhancement projects where significant ecological impacts are 22

addressed. 23

9. Allow for passive and active shoreline recreation that emphasizes location along 24

shorelines consistent with City, Town, County, and other public agency parks, 25

recreation, wildlife habitat, and open-space plans. 26

10. Explore opportunities for providing additional public access in suitable areas on 27

the Columbia River, Spokane River, Colville River, Kettle River, Loon Lake, 28

Deer Lake and XX Lakes, while also protecting private property rights and 29

avoiding the creation of additional recreation management challenges such as 30

trespassing on private lands, and protect water quality and resources on these 31

water bodies. 32

11. Encourage a variety of compatible recreational experiences and activities to 33

satisfy the Partnership’s diverse recreational needs such as parks, boat launches, 34

docks, trail, and viewing platforms. 35

12. Give water-dependent recreation priority over water-enjoyment recreation uses. 36

Give water-enjoyment recreational uses priority over non-water-oriented 37

recreational uses. 38

Commented [A16]: WAC 173-26-221(4)(b)(iv) Regulate the design, construction, and operation of permitted uses in

the shorelines of the state to minimize, insofar as practical, interference with the public's use of the water.

Commented [A17]: WAC 173-26-221(4)(b)(v)

Commented [A18]: RCW 90.58.020- (5)Increase public access to publicly owned areas of the shorelines

Commented [A19]: Visioning summary from Feb 2016

Commented [A20]: WAC 173-26-221(4)(d)(i). …..establish policies and regulations that protect and enhance both


Commented [A21]: WAC 173-26-241(3)(j) New multiunit residential development, including the subdivision of

land for more than four parcels, should provide community and/or

public access in conformance to the local government's public access

planning and this chapter.FOLLOW UP DISCUSSION WITH

ECOLOGY ON THE QUESTION OF WHETHER SUBDIVISION

REQUIRES PUBLIC ACCESS – MAKE SURE THIS IS CLEARLY DEFINED IN BOTH INTENT AND REQUIREMENTS

Commented [A22]: Not desirable to improve additional access

due to lake conditions

Commented [A23]: Partnership/Planning Commission - what other lakes to improve public access at? Or rivers? Kettle River

Commented [A24]: Identify the areas where we want to

encourage more access. Deer Lake on the east side. Make a list of

the existing public access points and also identify desired additional

public access opportunity areas by water body.

Commented [A25]: WAC 173-26-241(2)(a)(iii)General principles:

….In implementing this provision, preference shall be given first to

water-dependent uses, then to water-related uses and water-enjoyment uses.

April 2016


13. Integrate and link recreation facilities with linear systems, such as water and 1

walking trails, bicycle paths, easements, and scenic drives, when feasible, to 2

connect waterbodies, roads, and trails and capitalize on other opportunities. 3

14. Promote non-intensive recreational uses, which avoid adverse effects to the 4

natural environment, do not contribute to flood hazards, and avoid damage to 5

the shoreline environment through modifications such as structural shoreline 6

stabilization or native vegetation removal. 7

4.3 Circulation Element 8

A. Goals 9

1. Develop safe, convenient, and multi-modal circulation (transportation) systems 10

to ensure efficient movement of people, goods, and services, with minimal 11

adverse impacts on the shoreline environment. 12

B. Policies 13

1. Provide Allow for safe, reasonable, and adequate road, trail, and water 14

circulation systems to shorelines where routes will minimize adverse effects on 15

unique or fragile shoreline features and existing ecological systems, while 16

contributing to the functional and visual enhancement of the shoreline. 17

2. Within the shoreline jurisdiction, locate land circulation systems that are not 18

shoreline-oriented and as far from the land-water interface as practicable to 19

reduce interference with either natural shoreline resources or other appropriate 20

shoreline uses. 21

3. Allow for maintenance and improvements to existing roads and parking areas. 22

Allow for necessary new roads and accessory parking areas where other 23

locations outside of shoreline jurisdiction are not feasible. 24

4. Encourage, Pplanning and development a circulation network, which is 25

compatible with the shoreline environment and respects and protects ecological 26

and aesthetic values in the shoreline of the state as well as private property 27

rights. 28

5. In the circulation network, plan for pedestrian, bicycle, equestrian, and public 29

transportation along with various watercraft where appropriate. Circulation 30

planning and projects should support existing and proposed shoreline uses that 31

are consistent with this SMP. 32

6. Promote existing transportation corridors for reuse for water-dependent uses or 33

public access when they are abandonedabandoned, and promote areas where 34

additional access through and along water bodies, such as rails to trail. 35

Commented [A26]: Relates to stabilization

Commented [A27]: RCW 90.58.100: (2) The master programs shall include, when appropriate, the following:

(d) A circulation element consisting of the general location and

extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all

correlated with the shoreline use element;

Commented [A28]: WAC 173-26-241 Master programs shall include policies and regulations to provide safe, reasonable, and adequate circulation systems to, and through or

over shorelines where necessary and otherwise consistent with these

guidelines.

Commented [A29]: WAC 173-26-241(3)(k) Plan, locate, and design proposed transportation and parking facilities where routes will have the least possible adverse effect on

unique or fragile shoreline features, will not result in a net loss of

shoreline ecological functions or adversely impact existing or

planned water-dependent uses.

Commented [A30]: County is not on the hook for these if the developer doesn’t do this.

Commented [A31]: WAC 173-26-241(3)(k)

Where other options are available and feasible, new roads or road expansions should not be built within shoreline jurisdiction

Commented [A32]: WAC 173-26-241(3)(k) Where other options are available and feasible, new roads or road

expansions should not be built within shoreline jurisdiction

Commented [A33]: WAC 173-26-241(3)(k) Circulation system planning shall include systems for pedestrian, bicycle, and public transportation where appropriate. Circulation

planning and projects should support existing and proposed

shoreline uses that are consistent with the master program

Commented [A34]: Qualify some of the terms – global update

Commented [A35]: Partnership/Planning Commission to

confirm.

Commented [A36]: HWY 25, Deer lake road and other roads could provide public access along the ROWs (adapt old ROWS into

public access)

Commented [A37]: Applicable? Partnership/Planning Commission to confirm.

April 2016


7. Encourage relocation or improvement of those circulation elements that are 1

functionally or aesthetically disruptive to the shoreline, public waterfront 2

access, and ecological functions. 3

8. Plan parking areas to achieve optimum use. Where possible, parking should 4

serve more than one use (e.g., serving recreational use on weekends and 5

commercial uses accessory to a water-dependent, water-related, or 6

water-enjoyment use on weekdays). 7

9. Encourage low-impact parking facilities such as gravel or permeable pavements 8

designed to avoid runoff and increase infiltration. 9

10. Encourage trail and bicycle paths along shorelines in a manner compatible with 10

the natural character, resources, and ecology of the shoreline. 11

11. Encourage the linkage of shoreline parks, recreation areas, and public access 12

points with linear systems, such as hiking and bicycle paths, easements, and 13

scenic drives along the shoreline. 14

4.4 Shoreline Uses and Modifications Element 15

A. Goals 16

1. Encourage shoreline development that recognizes the Partnership’sStevens 17

County’s natural and cultural values and its unique aesthetic qualities offered by 18

its variety of shoreline environments. These include, but are not limited to, free 19

flowing and reservoir-bounded river segments, agricultural development, 20

mining and forestry uses, cliffs and steep slopes, riverine wetlands, lakes, open 21

views, and formal and informal public access. 22

2. The Partnership recognizes and protects the functions and values of the 23

shoreline environments of statewide and local significance. For SSWS, 24

protection and management priorities are as follows: 25

a. Recognize and protect statewide interest over local interest 26

b. Preserve the natural character of the shoreline 27

c. Provide long-term over short-term benefits 28

d. Protect the resources and ecology of shoreline 29

e. Increase public access to publicly owned areas of shoreline 30

f. Increase recreational opportunities for the public in shoreline areas 31

B. General Policies 32

Commented [A38]: WAC 173-26-241(3)(k) Parking facilities in shorelines are not a preferred use and shall be

allowed only as necessary to support an authorized use. Shoreline master programs shall include policies and regulations to minimize

the environmental and visual impacts of parking facilities.


(e) A use element which considers the proposed general distribution

and general location and extent of the use on shorelines and adjacent

land areas for housing, business, industry, transportation, agriculture,

natural resources, recreation, education, public buildings and

grounds, and other categories of public and private uses of the land;

Commented [A40]: Partnership or County referenced here? Stevens here – but partnership may be more appropriate in some

locations.

Commented [A41]: RCW 90.58.020

Commented [A42]: WAC 173-26-251 – items a – f pulled directly from here

April 2016


1. Maintain areas within SMP jurisdiction with unique attributes for specific long-1

term uses, including agricultural, mining, forestry, commercial, industrial, 2

residential, recreational, and open space uses. 3

2. Ensure that proposed shoreline uses are distributed, located, and developed in a 4

manner that will maintain or improve the health, safety, and welfare of the 5

public when such uses occupy shoreline areas. 6

3. Ensure that activities and facilities are located so as to retain or improve 7

shoreline natural character and ecological function. Encourage new 8

developments to locate in areas already developed with similar uses that are 9

consistent with this SMP. 10

4. Ensure that proposed shoreline uses do not infringe upon the rights of others, 11

upon the rights of private ownership, upon the rights of the public under the 12

Public Trust Doctrine or federal navigational servitude, and upon treaty rights of 13

Native American tribes. 14

5. Minimize the adverse impacts of shoreline uses and activities on the 15

environment during all phases of development (e.g., design, construction, 16

management, and use). 17

C. Shoreline Environment Designation Policies 18

1. Provide a comprehensive shoreline environment designation system to 19

categorize the Partnership’s shoreline into environments based on the primary 20

characteristics of shoreline areas to guide the use and management of these 21

areas. 22

2. Designate properties as Natural in order to protect and, and where possible, 23

restore those shoreline areas that are relatively free of human influence or that 24

include intact or minimally degraded shoreline functions that are sensitive to 25

potential impacts from human use. 26

3. Assign properties as Conservancy to conserve existing natural resource based 27

uses such as forestry and low-intensity mining, and protect valuable historic and 28

cultural areas in order to provide for sustained resource use, achieve natural 29

floodplain processes and provide low-intensity recreational opportunities. 30

4. Designate properties as Rural to accommodate low-density rural home sites and 31

natural resource-based uses such as timber harvesting, mining, and agriculture 32

and rangeland uses, as well as to maintain an open-space character and provide 33

opportunities for recreational uses. 34

5. Assign appropriate designations to accommodate recreational uses. Ensure that 35

intense recreational uses, such as boat launches and parks, do not conflict with 36

the sensitive nature of the shoreline (e.g., wildlife areas and shoreline reaches 37

Commented [A43]: These uses gives preference to uses based

on WAC 173-26-241(2)

…gives preference to those uses that are consistent with the control of pollution and prevention of damage to the natural environment, or

are unique to or dependent upon uses of the state's shoreline areas

Commented [A44]: WAC 173-26-241 Shoreline uses (2) General use provisions

(ii) Ensure that all shoreline master program provisions concerning proposed development of property are established, as necessary, to protect the public's health, safety, and welfare, as well as the land and its vegetation and wildlife, and to protect property rights while implementing the policies of the Shoreline Management Act.

Commented [A45]: Addresses use conflict in WAC 173-26-

241

(2) General use provisions Reduce use conflicts by including provisions to prohibit or apply special conditions to those uses which are not consistent with the control of pollution and prevention of damage to the natural environment or are not unique to or dependent upon use of the state's shoreline.

Commented [A46]: WAC 173-26-191(2)(a)(i)) At a minimum, shoreline master program policies shall:

(D) Be designed and implemented in a manner consistent with all

relevant constitutional and other legal limitations on the regulation

of private property. WAC 173-26-186(5)

Commented [A47]: Policy that leads to the regulations for construction:

WAC 173-26-241 (2) General use provisions

) Establish use regulations designed to assure no net loss of ecological functions associated with the shoreline

Commented [A48]: WAC 173-26-211 These policies are all consistent with the purposes of each

environment. Where tailored environment is used, e.g. Conservancy,

principle of the closest environment in WAC is used and tailored to

meet local conditions

April 2016


with riparian and floodplain plant communities exhibiting high ecological 1

integrity) where low-impact recreational uses are more appropriate. 2

6. Assign properties as High Intensity to support industrial, commercial, 3

transportation, and navigation activities while maintaining ecological functions. 4

. 5

7. Designate properties as Shoreline Residential to accommodate higher density 6

residential development and recognize existing and proposed land uses. This 7

designation is appropriate on lands with residential uses including multi-family 8

residences. 9

8. Designate properties as Shoreline Residential – Low Intensity to accommodate 10

residential development in areas planned for low density residential land use, 11

while protecting and, where appropriate, enhancing ecological functions. 12

9. Assign appropriate environment designations to preserve riparian, wetland, and 13

upland ecosystems in shorelands, natural resource uses, and public agency 14

operations. 15

D. Agriculture Policies 16

1. This SMP recognizes the cultural and historic importance of agriculture to the 17

Partnership and supports its continued viability. This SMP exempts existing 18

agricultural activities and attempts to protect agricultural lands from conflicting 19

uses, such as intensive or unrelated residential, industrial, or commercial uses, 20

while also maintaining shoreline ecological functions and processes. 21

2. New agricultural development should be conducted in a manner that ensures no 22

net loss of shoreline ecological functions and processes. 23

3. Maintain native riparian and upland vegetative buffers between agricultural 24

lands and streams or wetlands. 25

4. Conversion of agricultural lands to other uses should comply with all policies 26

and regulations for non-agricultural uses. 27

E. Aquaculture Policies 28

1. Aquaculture is a preferred water-dependent use of the shoreline and, when 29

consistent with control of pollution and avoidance of adverse impacts to the 30

environment and preservation of habitat for resident native species, is a 31

preferred use of the shoreline. 32

2. Give preference to aquaculture operations that avoid or minimize environmental 33

impacts. Aquaculture should control pollution, avoid adverse impacts to the 34

environment, and preserve habitat for native species. 35

Commented [A49]: WAC 173-26-241(3)(a)

Commented [A50]: WAC 173-26-241(3)(a)(ii): Master programs shall not require modification of or limit agricultural activities occurring on agricultural lands.

Commented [A51]: WAC 173-26-241(3)(a)(ii): … master programs shall include provisions addressing new agricultural activities on land not meeting the definition of

agricultural land, conversion of agricultural lands to other uses, and

other development on agricultural land that does not meet the

definition of agricultural activities.

WAC 173-26-241(3)(a)(v)(B)

Agricultural uses and development in support of agricultural uses, are located and designed to assure no net loss of ecological

functions and to not have a significant adverse impact on other

shoreline resources and values.

Commented [A52]: WAC 173-26-241(3)(a)(5)(B)

Requirements for buffers for agricultural development shall be

based on scientific and technical information and management

practices adopted by the applicable state agencies necessary to preserve the ecological functions and qualities of the shoreline

environment.

Commented [A53]: WAC 173-26-241(3)(a)(vi)

…. conversion of agricultural land to nonagricultural uses, shall be

consistent with the environment designation, and the general and

specific use regulations applicable to the proposed use and do not result in a net loss of ecological functions associated with the

shoreline.

Commented [A54]: WAC 173-26-241(3)(b)

Commented [A55]: WAC 173-26-241(3)(b)(A) when consistent with control of pollution and prevention of damage to the environment, is a preferred use of the water area.

April 2016


3. Aquaculture should not be allowed in areas where it would impair navigation or 1

conflict with other water-dependent uses. 2

4. Design aquaculture facilities to minimize nuisance odors and noise as well as 3

visual impacts on surrounding shoreline development. 4

5. The rights of treaty tribes to aquatic resources within their usual and 5

accustomed areas should be addressed through the permit review process. 6

Direct coordination between the applicant/proponent and the tribe is 7

encouraged. 8

F. Boating Facilities Policies 9

1. Locate and design boating facilities so their structures and operations will be 10

compatible with the area’s environmental conditions, shoreline configuration, 11

access, and neighboring upland and aquatic uses. 12

2. Encourage restoration activities when substantial improvements or repair to 13

existing boating facilities is planned. 14

3. Boating facilities that minimize the amount of shoreline modification are 15

preferred. 16

4. Boating facilities should provide physical and visual public shoreline access and 17

provide for multiple water-oriented uses, to the extent compatible with shoreline 18

ecological functions and processes and adjacent shoreline use. 19

5. Boating facilities should be located and designed to avoid adverse effects on 20

riverine processes, such as erosion, littoral transport, accretion, sediment 21

transport, and channel migration. Installing boating facilities should, where 22

feasible, enhance degraded, riverine ecological and geomorphic functions. 23

6. Location and design of boating facilities should not unduly obstruct navigable 24

waters and should avoid adverse effects to recreational opportunities, such as 25

fishing, pleasure boating, swimming, beach walking, picnicking, and shoreline 26

viewing, and to private lands. 27

G. Breakwaters, Jetties, Groins, and Weirs Policies 28

1. To the extent feasible, limit the use of breakwaters, jetties, groins, weirs, or 29

other similar structures to those projects providing public safety or ecological 30

restoration or other public benefits. These structures should avoid or minimize 31

significant ecological impacts. Impacts that cannot be avoided should be 32

minimized and mitigated. 33

H. Dredging and Dredge Material Placement Policies 34

Commented [A56]: WAC 173-26-241(3)(b)(i)(C)

Aquaculture should not be permitted in areas where it would result

in a net loss of ecological functions, adversely impact eelgrass and macroalgae, or significantly conflict with navigation and other

water-dependent uses.

Commented [A57]: WAC 173-26-241(3)(b)(i)(C)

Aquacultural facilities should be designed and located so as not to

spread disease to native aquatic life, establish new nonnative species

which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline

Commented [A58]: WAC 173-26-241(3)(b)(i)(G) Local governments should provide public notice to all property

owners within three hundred feet of the proposed project boundary,

and notice to tribes with usual and accustomed fishing rights to the

area.

Commented [A59]: WAC 173-26-241(3)(c)

Commented [A60]: WAC 173-26-241(3)(c)(i) Provisions to ensure that boating facilities are located only at sites

with suitable environmental conditions, shoreline configuration,

access, and neighboring uses.

Commented [A61]: WAC 173-26-241(3)(c) (iv) Provisions for public access in new marinas, particularly where water-enjoyment uses are associated with the marina, in accordance

with WAC 173-26-221(4)

WAC 173-26-221(4)(d)(iii)

Provide standards for the dedication and improvement of public

access in developments for water-enjoyment, water-related, and nonwater-dependent uses….

Commented [A62]: WAC 173-26-241(3)(c)(vi) Regulations that assure that the development of boating facilities,

and associated and accessory uses, will not result in a net loss of shoreline ecological functions or other significant adverse impacts

Commented [A63]: WAC 173-26-241(3)(c)(vii) Regulations to protect the rights of navigation

Commented [A64]: WAC 173-26-231(3)(d)

Commented [A65]: WAC 173-26-231(3)(f)

April 2016


1. Dredging and dredge material placement should avoid and minimize significant 1

ecological impacts. Impacts that cannot be avoided should be minimized and 2

mitigated. 3

2. Design and locate new shoreline development to avoid minimize the need for 4

dredging. 5

3. Limit dredging and dredge material disposal to the minimum necessary to allow 6

for shoreline restoration, flood hazard reduction, and maintenance of existing 7

legal moorage and navigation. Dredging to provide for new navigation uses is 8

prohibited. 9

4. Allow dredging for the primary purposes of flood hazard reduction only as part 10

of a long-term management strategy consistent with an approved flood hazard 11

management plan. 12

5. Ensure that dredging operations are planned and conducted in a manner that will 13

minimize interference with navigation and avoid adverse impacts to shoreland 14

natural character and ecological functions. 15

I. Fill Policies 16

1. Limit fill waterward of the OHWM to support ecological restoration or to 17

facilitate water-dependent or public access uses. 18

2. Allow fill consistent with floodplain regulations upland of the OHWM provided 19

it is located, designed, and constructed to protect shoreline ecological functions 20

and ecosystem-wide processes, including channel migration, and is the 21

minimum necessary to implement an approved project. 22

3. WAC 173-26-240 (c)– allowing fill with clean up activities – add provision here 23

J. Forest Practices 24

1. Ensure compliance with the state’s Forest Practices Act for all forest 25

management activities on non-federal forest lands including Class IV, general 26

forest practices, where shorelines are being converted or are expected to be 27

converted to non-forest uses. 28

0. Conduct forest practices within shoreline areas to ensure water quality and the 29

maintenance of vegetative buffer strips to protect fish populations and avoid 30

erosion of stream banks. 31

0. Seeding and reforestation should be encouraged to reduce potential erosion 32

hazard on logged areas. Introduced vegetation should be of similar species and 33

density as native vegetation in the general vicinity. 34

Commented [A66]: WAC 173-26-231(3)(f)

Dredging and dredge material disposal shall be done in a manner

which avoids or minimizes significant ecological impacts and impacts which cannot be avoided should be mitigated in a manner

that assures no net loss of shoreline ecological functions.

Commented [A67]: WAC 173-26-231(3)(f) New development should be sited and designed to avoid or, if that is

not possible, to minimize the need for new and maintenance dredging.

Commented [A68]: WAC 173-26-231(3)(f) New development should be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance

dredging. Dredging for the purpose of establishing, expanding, or

relocating or reconfiguring navigation channels and basins should be allowed where necessary for assuring safe and efficient

accommodation of existing navigational uses and then only when

significant ecological impacts are minimized and when mitigation is

provided. Maintenance dredging of established navigation channels

and basins should be restricted to maintaining previously dredged

and/or existing authorized location, depth, and width.

Commented [A69]: WAC 173-26-231(3)(f)

Dredging for the purpose of establishing, expanding, or relocating or

reconfiguring navigation channels and basins should be allowed

where necessary for assuring safe and efficient accommodation of existing navigational uses and then only when significant ecological

impacts are minimized and when mitigation is provided.

Commented [A70]: Fill is a development; SMP needs to address

this issue as it happens without permitting or exceeds limitations.

Needs coordination with Ecology/consistency

Commented [A71]: WAC 173-26-231(3)(c)

Commented [A72]: WAC 173-26-231(3)(f)

Fills waterward of the ordinary high-water mark shall be allowed

only when necessary to support: Water-dependent use, public access,

cleanup and…..

Commented [A73]: WAC 173-26-241(3)(e)

Commented [A74]: Forest practice conversions and other Class IV-General forest practices where there is a likelihood of conversion to nonforest uses, shall assure no net loss of shoreline ecological

functions and shall maintain the ecological quality of the watershed's

hydrologic system.

Commented [A75]: Consider deleting items 2 – 8 – muddies the water

Commented [A76]: Local master programs should rely on the Forest Practices Act and rules implementing the act and the Forest

and Fish Report as adequate management of commercial forest uses within shoreline jurisdiction.

April 2016


0. Logging should be avoided on shorelines where significant sediment runoff 1

would be precipitated unless adequate restoration and erosion control can be 2

expeditiously accomplished. Logging should be conducted to ensure the 3

maintenance of buffer strips of adequate vegetation where needed to prevent 4

temperature increases adverse to fish populations and erosion of stream banks. 5

0. Ensure that timber harvesting on SSWS does not exceed the limitations 6

established in RCW 90.58.150 except as provided in cases where selective 7

logging is rendered ecologically detrimental or is inadequate for preparation of 8

land for other uses. 9

0. Shoreline areas having well-known scenic qualities such as those providing a 10

diversity of views, unique landscape contrasts, or landscape panoramas should 11

be maintained as scenic views in timber harvesting areas. Timber harvesting 12

practices, including road construction and debris removal should be closely 13

regulated so that the quality of the view and viewpoints along SSWS in the 14

region are not degraded. 15

0. Proper road and bridge design, location, and construction and maintenance 16

practices should be used to prevent development of roads and structures which 17

would adversely affect shoreline resources. 18

0. When forest lands are converted to another use, assure no net loss of shoreline 19

ecological functions or adverse impacts on other shoreline uses, resources, and 20

values such as navigation, recreation, and public access. 21

R.K. Industrial Development Policies 22

1. Provide for future industrial facilities that are dependent upon a shoreline 23

location in areas where the shoreline is already characterized by industrial 24

development or planned for such uses. 25

2. Locate and design industrial developments in a manner that ensures no net loss 26

of shoreline ecological functions and that does not have significant adverse 27

impacts to other shoreline resources and values. 28

3. Limit non-water-oriented industrial development in the shoreline environment 29

and only in areas physically separated from the shoreline, where navigability is 30

restricted, or as part of a project that provides public access or ecological 31

restoration benefits. 32

S.L. In-stream Structures Policies 33

1. Locate, plan, and permit in-stream structures consistent with existing plans, 34

including the National Park Service (NPS) allowed water diversions on Lake 35

Roosevelt. For instream structures on Lake Roosevelt and other areas in the 36

County, consider public interests, ecological functions and processes, 37

Commented [A77]: RCW 90.58.150 With respect to timber situated within two hundred feet abutting

landward of the ordinary high water mark within shorelines of

statewide significance, the department or local government shall

allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten

year period of time:

Commented [A78]: WAC 173-26-241(e) Forest practice conversions and other Class IV-General forest

practices where there is a likelihood of conversion to nonforest uses,

shall assure no net loss of shoreline ecological functions and shall

maintain the ecological quality of the watershed's hydrologic system.

Commented [A79]: WAC 173-26-241(f) Industrial development and redevelopment should be encouraged to locate where environmental cleanup and restoration of the shoreline

area can be incorporated.

Commented [A80]: WAC 173-26-241(f)

….assure that industrial development will be located, designed, or constructed in a manner that assures no net loss of shoreline

ecological functions and such that it does not have significant

adverse impacts to other shoreline resources and values.

Commented [A81]: WAC 173-26-241(f)

New nonwater-oriented industrial development should be prohibited on shorelines except when:

(i) The use is part of a mixed-use project that includes water-

dependent uses and provides a significant public benefit with respect

to the Shoreline Management Act's objectives such as providing

public access and ecological restoration; or

(ii) Navigability is severely limited at the proposed site; and the industrial use provides a significant public benefit with respect to the

Shoreline Management Act's objectives such as providing public

access and ecological restoration. In areas designated for industrial use, nonwater-oriented industrial

uses may be allowed if the site is physically separated from the

shoreline by another property or public right of way.

Commented [A82]: WAC 173-26-241(g)

April 2016


environmental concerns, and protecting and restoring priority habitats and 1

species in the permitting review process. 2

T.M. Mining Policies 3

1. Locate mining facilities outside shoreline jurisdiction whenever feasible. 4

2. Design and locate mining facilities and associated activities to prevent loss of 5

ecological function. Give preference to mining uses that result in the creation, 6

restoration, or enhancement of habitat for priority species. 7

3. Gold prospecting and extraction activities, including, but not limited to, 8

panning, dredging, placer mining, and related concentrating and extraction 9

techniques and equipment use, shall conform to all regulations and equipment 10

specifications in the Gold and Fish Pamphlet published by the Washington 11

Department of Fish and Wildlife (WDFW) and regulations administered by all 12

other local, state, and federal agencies. 13

4. Gold prospecting and extraction activities should be conducted in a manner 14

which prevents damage to all other aspects of shoreline natural character, 15

floodplain and upland ecosystems, and ecological functions. 16


which prevents impinging, limiting, or interfering with normal public use of 18

shorelines, including, but not limited to, angling, boating, wading, and related 19

activities. 20


which prevents turbidity, sedimentation, and any other short-term or long-term 22

impacts to water quality. 23

7. Protect waterbodies from pollution, including, but not limited to, sedimentation 24

and siltation, chemical and petrochemical use, and spillage and storage/disposal 25

of mining wastes and spoils. 26

8.4. Mining operations should be located, designed, and managed so that other 27

appropriate uses are not subjected to substantial or unnecessary adverse impacts 28

from noise, dust, or other effects of the operation. The operator may be required 29

to implement measures, such as buffers, limited hours, or other mitigating 30

measures, for the purpose of minimizing adverse proximity impacts. 31

U.N. Piers and Docks Policies 32

1. Pier and dock provisions should be consistent with the Washington State 33

Department of Natural Resources (DNR), Spokane Reservation, and National 34

Park, Washington Department of Fish and Wildlife and U.S. Forest Service 35

standards and regulations, as applicable. 36

Commented [A83]: Overall, WAC has more detailed requirements, that are summarized in the policies below

Commented [A84]: Basis of this policy - WAC 173-26-241(h) Mining in the shoreline generally alters the natural character,

resources, and ecology of shorelines of the state and may impact

critical shoreline resources and ecological functions of the shoreline.

Commented [A85]: WAC 173-26-241(h)(C)(ii)(A) (ii) Master programs shall include policies and regulations for mining, when authorized, that accomplish the following:

(A) New mining and associated activities shall be designed and

conducted to comply with the regulations of the environment

designation and the provisions applicable to critical areas where

relevant. Accordingly, meeting the no net loss of ecological function

standard shall include avoidance and mitigation of adverse impacts during the course of mining and reclamation.

Commented [A86]: Locally tailored from #3 to #6

Commented [A87]: 4 – 7 not necessary

Commented [A88]: Tailored to local conditions

April 2016


1.2. For Lake Roosevelt, Community Access Points are allowed consistent with NPS 1

criteria and requirements, and must also provide for public use of the proposed 2

facility. Add to this 3

2.3. Moorage associated with a single-family residence is considered a 4

water-dependent use provided that it is designed and used as a facility to access 5

watercraft and that other moorage facilities are not available or feasible. 6

Moorage for water-related and water-enjoyment uses or shared moorage for 7

multi-family use should be allowed as part of a mixed-use development or 8

where it provides public access. 9

3.4. New moorage, excluding docks accessory to single-family residences, should be 10

permitted when the applicant/proponent has demonstrated that a specific need 11

exists to support the intended water-dependent or public access use. 12

4.5. As an alternative to continued proliferation of individual private moorage, 13

mooring buoys are preferred over docks or floats. Shared moorage facilities are 14

preferred over single-user moorage where feasible, especially where water use 15

conflicts exist or are predictable. New subdivisions of more than two lots and 16

new multi-family development of more than two dwelling units should provide 17

shared moorage where feasible. 18

5.6. Docks, piers, and mooring buoys should avoid locations where they will 19

adversely impact shoreline ecological functions or processes, including high-20

velocity currents and littoral drift. 21

6.7. Moorage should be spaced and oriented in a manner that minimizes hazards and 22

obstructions to public navigation rights and corollary rights thereto, such as, but 23

not limited to, fishing, swimming, and pleasure boating and private riparian 24

rights of adjacent land owners. 25

7.8. Moorage should be restricted to the minimum size necessary to meet the needs 26

of the proposed use. The length, width, and height of piers and docks should be 27

no greater than that required for safety and practicality for the primary use. 28

8.9. Pile supports are preferred over fills because piles do not displace water surface 29

or aquatic habitat and are removable and, thus, more flexible in terms of long-30

term use patterns. Floats may be less desirable than pile structures where 31

aquatic habitat or littoral drift are significant. 32

9.10. The use of buoys for small craft moorage is preferred over pile or float 33

structures because of less long-term impact on shore features and users; 34

moorage buoys should be placed as close to shore as possible to minimize 35

obstruction to navigation. 36

10.11. Piers and docks should be constructed of materials that will not adversely affect 37

water quality or aquatic plants and animals in the long term. 38

Commented [A89]: WAC 173-26-231(3)(b) New piers and docks shall be allowed only for water-dependent uses

or public access. As used here, a dock associated with a single-family residence is a water-dependent use provided that it is

designed and intended as a facility for access to watercraft and

otherwise complies with the provisions of this section.

Where new piers or docks are allowed, master programs should

contain provisions to require new residential development of two or more dwellings to provide joint use or community dock facilities,

when feasible, rather than allow individual docks for each residence.

Commented [A90]: WAC 173-26-231(3)(b) New piers and docks shall be allowed only for water-dependent uses

or public access. As used here, a dock associated with a single-

family residence is a water-dependent use provided that it is

designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section.

New pier or dock construction, excluding docks accessory to single-

family residences, should be permitted only when the applicant has demonstrated that a specific need exists to support the intended

water-dependent uses.

Commented [A91]: WAC 173-26-231(3)(b) Where new piers or docks are allowed, master programs should

contain provisions to require new residential development of two or

more dwellings to provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence.

Commented [A92]: WAC 173-26-231(3)(b)

Piers and docks, including those accessory to single-family

residences, shall be designed and constructed to avoid or, if that is not possible, to minimize and mitigate the impacts to ecological

functions, critical areas resources such as eelgrass beds and fish

habitats and processes such as currents and littoral drift. See WAC 173-26-221 (2)(c)(iii) and (iv). Master programs should require that

structures be made of materials that have been approved by

applicable state agencies.

Commented [A93]: WAC 173-26-231(3)(b) Pier and dock construction shall be restricted to the minimum size

necessary to meet the needs of the proposed water-dependent use.

Water-related and water-enjoyment uses may be allowed as part of

mixed-use development on over-water structures where they are clearly auxiliary to and in support of water-dependent uses, provided

the minimum size requirement needed to meet the water-dependent

use is not violated.

Commented [A94]: Best management practice

Commented [A95]: WAC 173-26-231(3)(b)

Master programs should require that structures be made of materials that have been approved by applicable state agencies.

April 2016


11.12. New pier and dock development should be designed so as not to interfere with 1

lawful public access to or use of shorelines. Developers of new piers and shared 2

moorage should be encouraged to provide physical or visual public access to 3

shorelines whenever safe and compatible with the primary use and shore 4

features. 5

V.O. Recreational Development Policies 6

1. Shoreline recreational development should be given priority for shoreline 7

location to the extent that the use facilitates the public’s ability to reach, touch, 8

and enjoy the water’s edge, to travel on the waters of the state, and to view the 9

water and the shoreline. Where appropriate, such facilities should be dispersed 10

along the shoreline in a manner that supports more frequent recreational access 11

and aesthetic enjoyment of the shoreline for a substantial number of people. 12

2. Recreational developments should facilitate appropriate use of shoreline 13

resources while conserving them. These resources include, but are not limited 14

to, accretion shoreforms, wetlands, soils, groundwater, surface water, native 15

plant and animal life, and shore processes. 16

3. Recreational and associated facilities may be a combination of active 17

(developed) and passive (undeveloped) opportunities. Planning the location of 18

recreational facilities and opportunities should consider the ecological function 19

and sensitive nature of the shoreline in order to avoid adverse impacts. For 20

example, wildlife and habitat preservation areas with sensitive shoreline habitat 21

should have low-impact recreational uses. 22

4. Recreational developments and plans should provide a varied and balanced 23

choice of recreation experiences in appropriate locations. Public agencies and 24

private interests should coordinate their plans and activities to provide a wide 25

variety of recreational opportunities without needlessly duplicating facilities. 26

5. Recreational development should acknowledge the variety of recreational 27

opportunities offered by public agencies and private businesses throughout the 28

Partnership’s shoreline. 29

6. Recreational development should encourage the linkage of shoreline parks, 30

recreation areas, and public access points with linear systems such as hiking 31

paths, bicycle paths, easements, and scenic drives. 32

7. When feasible, recreation facilities should incorporate public education 33

regarding shoreline ecological functions and processes, the role of human 34

actions on the environment, and the importance of public involvement in 35

shoreline management. Opportunities incorporating educational and 36

interpretive information should be pursued in the design and operation of 37

recreation facilities and nature trails. 38

Commented [A96]: WAC 173-26-221(4)(b)(iv) Public Access:

(iv) Regulate the design, construction, and operation of permitted

uses in the shorelines of the state to minimize, insofar as practical, interference with the public's use of the water.

Commented [A97]: WAC 173-26-241(3)(i)

Commented [A98]: WAC 173-26-241(3)(i) - Master programs

should assure that shoreline recreational development is given priority and is primarily related to access to, enjoyment and use of

the water and shorelines of the state.

WAC 173-26-221(4)(b)(iv) Public Access: Public access includes the ability of the general public to reach,

touch, and enjoy the water's edge, to travel on the waters of the state,

and to view the water and the shoreline from adjacent locations.

Commented [A99]: Relates to location of facilities WAC 173-26-241(3)(i): Provisions related to public recreational development shall assure

that the facilities are located, designed and operated in a manner

consistent with the purpose of the environment designation in which they are located and such that no net loss of shoreline ecological

functions or ecosystem-wide processes results.

Commented [A100]: Relates to public shoreline - RCW 90.58.100 (4) Master programs will reflect that state-owned shorelines of the

state are particularly adapted to providing wilderness beaches,

ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same.

Commented [A101]: This acknowledgement benefits

partnership not to add more where there are existing facilities

April 2016


8. Recreational development should be located and designed to preserve, enhance 1

where possible, or where feasible create scenic views and vistas. 2

W.P. Residential Development Policies 3

1. Single-family residential development is a priority use. 4

2. Locate and construct residential development in a manner that ensures no net 5

loss of shoreline ecological functions. 6

3. Ensure the overall density of development, lot coverage, and height of structures 7

is appropriate to the physical capabilities of the site and consistent with local 8

comprehensive plans and development regulations. 9

4. Ensure new residential development provides adequate buffers or open space 10

from the water to protect ecological functions and ecosystem-wide processes, 11

preserves views from the shoreline to the water and from the water to the 12

shoreline, preserves shoreline aesthetic characteristics, protects the privacy of 13

nearby residences, and minimizes use conflicts. 14

5. Make adequate provisions for services and infrastructure necessary to support 15

residential development. 16

6. Design and locate residential development to preserve existing shoreline 17

vegetation, control erosion, and protect water quality. 18

7. Residential development over water should not be permitted. 19

8. Design and locate new residences so that shoreline stabilization will not be 20

necessary to protect structures and associated developments. Planning for new 21

residential lots should demonstrate the lots can be developed without the 22

following results: 23

a. Constructing shoreline stabilization structures (such as bulkheads) 24

b. Causing significant erosion or slope instability 25

c. Removing existing native vegetation within shoreline buffers 26

X.Q. Shoreline Habitat and Natural Systems Enhancement Projects Policies 27

1. Include provisions for shoreline vegetation restoration or enhancement, fish and 28

wildlife habitat rehabilitation, and low-impact development techniques in 29

projects located within shoreline jurisdiction. 30

2. Encourage and facilitate implementation of projects and programs included in 31

the SMP Shoreline Restoration Plan. 32

Y.R. Shoreline Stabilization Policies 33

Commented [A102]: Related to Public Access WAC 173-26-

221(4)(b)

Commented [A103]: WAC 173-26-241(3)(j):

Commented [A104]: WAC 173-26-241(3)(j): Single-family residences are the most common form of shoreline

development and are identified as a priority use when developed in a

manner consistent with control of pollution and prevention of

damage to the natural environment.

Commented [A105]: WAC 173-26-241(3)(j): Master programs shall include policies and regulations that assure no

net loss of shoreline ecological functions will result from residential

development.

Commented [A106]: WAC 173-26-241(3)(j): provisions should include specific regulations for setbacks and

buffer areas, density, shoreline armoring, vegetation conservation

requirements, and, where applicable, on-site sewage system standards for all residential development and uses and applicable to

divisions of land in shoreline jurisdiction.

Commented [A107]: Policies from multiple sections: Public Access, Private property rights.

WAC 173-26-241(3)(j):

Without proper management, single-family residential use can cause significant damage to the shoreline area through cumulative impacts

from shoreline armoring, storm water runoff, septic systems,

introduction of pollutants, and vegetation modification and removal.

Residential development also includes multifamily development and

the creation of new residential lots through land division.

Commented [A108]: As a result of this section:

WAC 173-26-241(3)(j): Without proper management, single-family residential use can cause

significant damage to the shoreline area through cumulative impacts

from shoreline armoring, storm water runoff, septic systems,

introduction of pollutants, and vegetation modification and removal.

Residential development also includes multifamily development and the creation of new residential lots through land division.

Commented [A109]: Policies from multiple sections

Commented [A110]: WAC 173-26-241(3)(j): New over-water residences, including floating homes, are not a

preferred use and should be prohibited.

Commented [A111]: WAC 173-26-241(3)(j): Residential development, including appurtenant structures and uses,

should be sufficiently set back from steep slopes and shorelines

vulnerable to erosion so that structural improvements, including bluff walls and other stabilization structures, are not required to

protect such structures and uses. (See RCW 90.58.100(6).)

Commented [A113]: WAC 173-26-231(3)(g):

Commented [A112]: WE STOPPED HERE ON 5/12

Commented [A114]: To be developed

Commented [A115]: WAC 173-26-231(3)(a):

April 2016


1. Locate and design new development, including subdivisions, to avoid potential 1

future impingement on channel migration zones (CMZs) and eliminate the need 2

for new shoreline modification or stabilization. 3

2. Design, locate, size, and construct new or replacement structural shoreline 4

stabilization measures to minimize and mitigate the impact of these 5

modifications on the Partnership’s shorelines. 6

3. Give preference to non-structural shoreline stabilization measures over 7

structural shoreline stabilization, and give preference to soft structural/ 8

biotechnical shoreline stabilization design approaches over hard/fixed structural 9

shoreline stabilization such as riprap or bulkheads. 10

4. Allow location, design, and construction of riprap and other bank stabilization 11

measures primarily to prevent damage to existing development or to protect the 12

health, safety, and welfare of the Partnership’s residents. 13

Z.S. Utilities Policies 14

1. Allow for utility maintenance and extension with criteria for location and 15

vegetation restoration as appropriate. 16

2. Plan, design, and locate utility facilities to avoid or minimize harm to shoreline 17

ecological functions, preserve the natural landscape, and minimize conflicts 18

with present and future planned land and shoreline uses while meeting the needs 19

of future populations in areas planned to accommodate growth. 20

3. Do not permit new non-water-oriented utility infrastructure, such as power 21

plants, solid waste storage, or disposal facilities, within shoreline jurisdiction 22

unless no other options are possible. Non-water oriented utility facilities, such 23

as wastewater treatment plants, and expansion of existing facilities may be 24

located in shoreline jurisdiction only if no practical upland alternative or 25

location exists. Such facilities and expansions should be designed and located 26

to avoid or minimize impacts to shoreline ecological functions, including 27

riparian, floodplain, and aquatic areas, and to the natural landscape and 28

aesthetics. Public health and safety should be the highest priority for the 29

planning, development, and operation of primary utility facilities. 30

4. Locate utility transmission facilities for the conveyance of services, such as 31

power lines, cables, and pipelines, outside of shoreline jurisdiction where 32

possible. Where permitted within shoreline jurisdiction, such facilities should 33

be located within existing or approved road crossings, and rights-of-way located 34

in such a way to avoid or minimize potential adverse impacts on shoreline areas. 35

Joint use of rights-of-way and corridors in shoreline areas should be 36

encouraged. 37

5. Locate new utility facilities in a manner that avoids extensive new shoreline 38

protections. 39

Commented [A116]: Addressing this section WAC 173-26-

231(3)(a):

Shoreline hardening typically results in adverse impacts to shoreline ecological functions such as:

Restriction of channel movement and creation of side channels.

Hardened shorelines along rivers slow the movement of channels, which, in turn, prevents the input of larger woody debris, gravels for

spawning, and the creation of side channels important for juvenile salmon rearing, and can result in increased floods and scour

Commented [A117]: WAC 173-26-231(3)(a): (A) New development should be located and designed to avoid the

need for future shoreline stabilization to the extent feasible.

Commented [A118]:

Commented [A119]: WAC 173-26-231(3)(a)(iii)(B): New structural stabilization measures shall not be allowed except when necessity is demonstrated in the following manner:

(I) To protect existing primary structures:…

Commented [A120]: WAC 173-26-241(3)(l):

Commented [A121]: WAC 173-26-241(3)(l):

Commented [A122]: WAC 173-26-241(3)(l): Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities, that are

nonwater-oriented shall not be allowed in shoreline areas unless it

can be demonstrated that no other feasible option is available.

Commented [A123]: WAC 173-26-241(3)(l):

Transmission facilities for the conveyance of services, such as power

lines, cables, and pipelines, shall be located outside of the shoreline

area where feasible and when necessarily located within the

shoreline area shall assure no net loss of shoreline ecological functions.

April 2016


6. Locate utility facilities and corridors to protect scenic views. Whenever 1

possible, such facilities should be placed underground or alongside or under 2

bridges. 3

7. Design utility facilities and rights-of-way to preserve the natural landscape and 4

to avoid or minimize conflicts with present and planned land uses. 5

AA.T. Existing Uses Policies 6

1. Allow nonconforming, existing legal uses and structures to continue in 7

accordance with this SMP. Residential structures and appurtenant structures 8

that were legally established and are used for a conforming use but do not meet 9

standards for setbacks, buffers, yards, area, bulk, height, or density should be 10

considered a conforming structure. 11

2. Allow alterations of nonconforming structures, uses, and lots in consideration of 12

historic development patterns when occupied by preferred uses and consistent 13

with public safety and other public purposes. 14

3. Encourage transitions from nonconforming uses to conforming uses. 15

4. Allow for nonconforming structures to expand when they do not increase the 16

nonconformity according to SMP requirements. 17

5. Allow for existing roads, driveways, and utility lines to continue and expand 18

when they do not increase the nonconformity according to SMP requirements. 19

6. Consider the no-net-loss of ecological function objective to guide review of 20

proposed expansions or other changes to nonconforming uses and new 21

development on nonconforming vacant lots. This objective may be addressed in 22

an area-wide manner consistent with the SMP cumulative impacts analysis. 23

4.5 Conservation Element 24

(Goals and policies for Environmental Protection, Critical Areas, and Shoreline Vegetation 25

Conservation; and Water Quality, Stormwater Management, and Nonpoint Pollution) 26

A. Goals 27

1. Protect the natural shoreland ecosystems and ecological functions and scenic 28

and recreational values of the SE WA region’sPartnership’s shorelines. 29

B. Policies 30

1. Develop and implement management practices that will ensure a sustained yield 31

of renewable resources of the shorelines while preserving, protecting, and 32

restoring unique shoreline resources, environments, or features which cannot be 33

replaced or restored within the planning horizon of this SMP. 34

Commented [A124]: WAC 173-27-080


(f) A conservation element for the preservation of natural

resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection;

WAC 173-26-221(2)

Commented [A126]: RCW 90.58.100: above Also relates to this:

WAC 173-26-221(2)

Provide a level of protection to critical areas within the shoreline area that assures no net loss of shoreline ecological functions

necessary to sustain shoreline natural resources.

April 2016


2. Rehabilitate areas that are biologically and aesthetically degraded where 1

feasible. 2

3. Preserve scenic vistas, aesthetics, native endemic ecosystems, and other critical 3

areas. 4

4. Protect shoreline processes and ecological functions through regulatory and 5

nonregulatory means that may include acquiring key properties, conservation 6

easements, and regulating development shoreland. These measures should 7

include incentives for private property owners, encouraging ecologically-sound 8

design and best management practices. 9

5. Protect and manage associated wetlands in shorelands, including maintaining 10

sufficient volumes of surface and subsurface drainage into wetlands, to sustain 11

existing vegetation and wildlife habitat. 12

6. Work with other agencies and private entities to deal effectively with regional 13

and watershed-wide natural environment issues to protect, preserve, and 14

enhance shorelands and fish and wildlife habitats. 15

7. Manage development to avoid risk and damage to property and loss of life from 16

biophysical limitations, including flooding potential and geological hazards 17

such as landslides, channel avulsion, frequent and periodic movement of woody 18

debris, and similar natural events and processes. 19

8. Regulate development within the SMP area of the 100-year floodplain to avoid 20

risk and damage to property and loss of life. 21

9. Prohibit the introduction of invasive non-native plant species along the 22

shoreline, and encourage the removal of noxious and invasive weeds and trees. 23

Protect, enhance, and maintain native plant communities. 24

10. Rehabilitate areas that are biologically and aesthetically degraded while 25

maintaining appropriate use of the shoreline. 26

C. Critical Area Goals 27

1. Promote public health and welfare by instituting local measures to preserve 28

naturally occurring wetlands, critical aquifer recharge areas, geologically 29

hazardous areas, frequently flooded areas, and fish and wildlife habitat 30

conservation areas that exist in the Partnership’s shoreline jurisdiction for their 31

associated value. 32

2. Reduce the threat posed to the health and safety of citizens from commercial, 33

residential, or industrial development that may be sited in areas of significant 34

geologic hazard. 35

Commented [A127]: WAC 173-26-221(2)

April 2016


3. Identify categories of fish and wildlife habitat conservation areas in the 1

Partnership’s shoreline jurisdiction, based in part on information supplied by 2

WDFW’s Priority Habitat and Species Program and other sources, as well as 3

other local and regional experts. 4

4. Protect aquatic and terrestrial wildlife and reflect the needs and desires of local, 5

regional, and state constituencies. 6

D. Critical Areas Policies 7

1. Recognize that critical areas may serve a variety of vital functions, including, 8

but not limited to, flood storage and conveyance, water quality protection, 9

recharge and discharge areas for groundwater, erosion control, sediment control, 10

fish and wildlife habitat, recreation, education, and scientific research. 11

2. Implement protection measures that protect identified values and functions of 12

critical areas from future development proposals. However, these regulations 13

shall not prohibit uses legally existing on any parcel prior to their adoption. 14

3. Avoid unnecessary duplication with various legal means and levels of 15

government that already protect wetlands, and promote cooperation and 16

coordination whenever possible. 17

4. Recognize that risks from geologic hazards can be avoided, minimized, or 18

mitigated through engineering design or optimized construction practices. In 19

other cases where technical efforts are not sufficient to reduce associated risks, 20

building is best avoided. Cooperate with federal, state, and private agencies and 21

individuals who have primary authority to manage specific fish and wildlife 22

habitat conservation areas within certain parts of the County to protect 23

ecological functions and channel migration zones in floodplains. 24

5. Preserve land necessary for aquatic and terrestrial wildlife species survival and 25

that which preserve seasonal migration and daily wildlife movements for 26

feeding, watering, resting, breeding, and thermal and escape cover. 27

4.6 Historic, Cultural, Scientific, and Educational Resources Element 28

A. Goals 29

1. Conserve and protect historical, cultural, and archaeological resources found to 30

be significant by recognized local, state, or federal processes. [WAC 173-26-31

221, (1)(a)] 32

2. Encourage educational and scientific projects and programs that foster a greater 33

appreciation for the importance of shoreline management, water-oriented 34

activities, environmental conservation, and local historic connections with the 35

Partnership’s shoreline. 36

Commented [A128]: RCW 90.58.100:

(2) The master programs shall include, when appropriate, the following:

(g) An historic, cultural, scientific, and educational element for

the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values;

Commented [A129]: Ac 173-26-221(1) (a) Applicability. The following provisions apply to archaeological

and historic resources that are either recorded at the state historic preservation office and/or by local jurisdictions or have been

inadvertently uncovered. Archaeological sites located both in and

outside shoreline jurisdiction are subject to chapter 27.44 RCW (Indian graves and records) and chapter 27.53 RCW (Archaeological

sites and records) and development or uses that may impact such

sites shall comply with chapter 25-48 WAC as well as the provisions

of this chapter.

Commented [A130]: Not called out specifically in the WAC

April 2016


B. Policies 1

1. Identify, protect, preserve, and restore important archeological, historic, and 2

cultural sites located in shoreline areas. [WAC 173-26-221, (1)(a)(b) and (c)] 3

2. Encourage educational projects and programs that foster a greater appreciation 4

of the importance of good shoreline management environmental conservation, 5

consistent with ensuring no net loss of ecological functions. 6

3. Prevent public or private uses and activities from damaging, altering, removing, 7

or destroying any site having historic, cultural, scientific, or educational value. 8

4.7 Flood Hazard Management Element 9

A. Goals 10

1. Protect public safety within river and creek floodways and floodplains, and 11

protect natural systems by preserving the flood storage and channel migration 12

functions of floodplains. 13

2. Prevent potential hazards that may be caused by inappropriate development in 14

areas where severe and costly flooding is anticipated to occur. 15

B. Policies 16

1. Manage development proposed within floodplains and floodways consistent 17

with the SMA, Federal Emergency Management Agency (FEMA) standards, 18

and Critical Areas Regulations for frequently flooded areas contained within 19

this SMP. 20

2. Work with cities, towns, and state and federal agencies to deal effectively with 21

regional flooding issues. 22

3. Control stormwater runoff in a manner consistent with low-impact development 23

practices, which utilize natural detention, retention, and recharge techniques. 24

4. Prohibit any development within the floodplain that would individually or 25

cumulatively cause any increase in the base flood elevation beyond FEMA 26

standards. 27

4.8 Private Property Right (WAC 173-26-191(2)(a)(i)) 28

A. Goals 29

1. Recognize and protect private property rights in shoreline uses and 30

developments consistent with the public interest. 31

B. Policies 32

Commented [A131]: [WAC 173-26-221, (1)(a)(b) and (c)]

Commented [A132]: WAC 173-26-221, (1)(b) (b) Principles. Due to the limited and irreplaceable nature of the resource(s), prevent the destruction of or damage to any site having

historic, cultural, scientific, or educational value as identified by the

appropriate authorities, including affected Indian tribes, and the office of archaeology and historic preservation.

Commented [A133]: RCW 90.58.100: (2) The master programs shall include, when appropriate, the

following: (h) An element that gives consideration to the statewide interest

in the prevention and minimization of flood damages;

Commented [A134]: WAC 173-26-191(2)(a)(i)) At a minimum, shoreline master program policies shall:

(D) Be designed and implemented in a manner consistent with all

relevant constitutional and other legal limitations on the regulation

of private property.

WAC 173-26-186(5)

Planning policies should be pursued through the regulation of development of private property only to an extent that is consistent

with all relevant constitutional and other legal limitations (where

applicable, statutory limitations such as those contained in chapter 82.02 RCW and RCW 43.21C.060) on the regulation of private

property. Local government should use a process designed to assure

that proposed regulatory or administrative actions do not unconstitutionally infringe upon private property rights.

April 2016


1. Shoreline uses should be located and designed to respect private property rights 1

in shorelands in the region, maintain privacy of private property, be compatible 2

with the shoreline environment, protect ecological functions and processes, and 3

protect aesthetic values of the shoreline. 4

2. Public access to shoreline, such as trails, bikeways, or roads, should be designed 5

and located to protect privacy of adjacent private property owners. 6

7

April 2016


SECTION II: Shoreline Regulations 1

Article I. Authority and Purpose 2

03.10.010 Authority 3

A. The SMA of 1971, Chapter 90.58 RCW, is the authority for the enactment and 4

administration of this SMP. 5

03.10.020 Applicability 6

A. This Program shall apply to all of the shorelands, aquatic lands, and critical areas 7

determined to be within shoreline jurisdiction, as described in SMP Part I: 3, Shoreline 8

Goals and Policies, Profile of the Shoreline Jurisdiction. 9

B. All proposed uses, activities, or development occurring within shoreline jurisdiction 10

must conform to the intent and requirements of Chapter 90.58 RCW, the SMA, and this 11

SMP whether or not a permit or other form of authorization is required. See SMP Part 12

1: Shoreline Goals and Policies for the shoreline jurisdiction description and SMP 13

Article VII, Administration and Enforcements, for the definition of uses, activities, and 14

development. 15

C. Pursuant to WAC 173-27-060, federal agency activities may be required by other 16

federal laws to meet the permitting requirements of chapter 90.58 RCW. This Program 17

shall apply to all nonfederal developments and uses undertaken on federal lands and on 18

lands subject to nonfederal ownership, lease, or easement, even though such lands may 19

fall within the external boundaries of federal ownership. 20

D. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty 21

rights of Native American tribes. 22

E. Maps indicating the extent of shoreline jurisdiction areas and shoreline designations are 23

for guidance only. They are to be used in conjunction with the most current scientific 24

and technical information available, field investigations, and on-site surveys to 25

accurately establish the location and extent of shoreline jurisdiction when a project is 26

proposed. All areas meeting the definition of a shoreline of the state, including SSWS, 27

whether mapped or not, are subject to the provisions of this Program. 28

03.10.030 Purpose 29

A. The purposes of this SMP are as follows: 30

1. To promote the public health, safety, and general welfare of the Partnership 31

jurisdictions by providing comprehensive policies and effective, reasonable 32

regulations for development, use, and protection of jurisdictional shorelands. 33

2. To further assume and carry out the local government responsibilities 34

established by the SMA in RCW 90.58.050, including planning and 35

April 2016


administering the regulatory program consistent with the policy and provisions 1

of the SMA in RCW 90.58.020 2

3. To provide a high quality shoreline environment where: 3

a. Recreational opportunities are abundant 4

b. The public enjoys access to and views of shoreline areas 5

c. Ecological functions of the shoreline are maintained and improved over 6

time 7

d. Water-dependent uses are promoted consistent with the shoreline 8

character and environmental functions 9

4. To apply special conditions to those uses that are not consistent with the control 10

of pollution and prevention of damage to the natural environment or are not 11

unique to or dependent upon use of the state’s shoreline 12

5. To ensure no net loss of ecological functions associated with the shoreline 13

03.10.040 Relationship to Other Codes, Ordinances, and Plans 14

A. All applicable federal, state, and local laws shall apply to properties in the shoreline 15

jurisdiction. Where this Program makes reference to any RCW, WAC, or other state or 16

federal law or regulation, the most recent amendment or current edition shall apply. 17

B. In the event that provisions of this SMP conflict with provisions of federal, state, or 18

local regulations, the provision that is most protective of shoreline resources shall 19

prevail. The provisions of this chapter may not allow development to occur at what 20

otherwise might be a property’s full land use potential. 21

1. Local plans or programs include, but are not limited to, the following: 22

a. Watershed Management Plans 23

b. Stevens County Flood Damage Prevention Ordinance 24

c. Stevens County State Environmental Policy Act (SEPA) Ordinance 25

d. Stevens County, City of Kettle Falls, Town of Marcus, and Town of 26

Northport Development Regulations 27

e. Stevens County Solid Waste Permits 28

f. Stevens County On-site Sewage Disposal Permits, as applicable 29

g. Stevens County Natural Resource Policy Plan 30

Commented [A135]: Need to verify the list with Partnership/Planning Commission.

April 2016


h. Stevens County Timber and Forest Practices Ordinance 1

2. State and federal programs include, but are not limited to, the following: 2

a. Washington State Hydraulic Project Approval (HPA) 3

b. Washington State Pesticide Applicator License Requirements 4

c. Washington State Waste Discharge Permits 5

d. Washington State Water Quality Certification Requirements (Clean 6

Water Act [CWA] Section 401) 7

e. U.S. Army Corps of Engineers (USACE) Permits under CWA Section 8

404 and Rivers and Harbors Act Section 10 9

C. The policies in the SMP state the underlying objectives that the regulations are intended 10

to accomplish. The policies guide the interpretation and enforcement of the SMP 11

regulations contained in the SMP Ordinance. The policies are not regulations in 12

themselves and, therefore, do not impose requirements beyond those set forth in the 13

regulations. 14

D. This SMP contains critical area regulations in Article V, applicable only in shoreline 15

jurisdictions that provide a level of protection to critical areas assuring no net loss of 16

shoreline ecological functions necessary to sustain shoreline natural resources (RCW 17

36.70A.480). In the event of a conflict between the requirements of this code and any 18

other code or ordinance of the Partnership members, the regulation that provides the 19

greater protection for the particular critical area within shoreline jurisdiction shall 20

apply. 21

E. Projects in the shoreline jurisdiction that have either been deemed technically complete 22

through the application process or have been approved through local and state reviews 23

prior to the adoption of this SMP are considered accepted. Major changes or new 24

phases of projects that were not included in the originally approved plan will be subject 25

to the policies and regulations of this SMP. 26

03.10.050 Liberal Construction 27

A. As provided in RCW 90.58.900, SMA is exempted from the rule of strict construction, 28

and it shall be liberally construed to give full effect to the objectives and purposes for 29

which it was enacted. 30

03.10.060 Severability 31

A. Should any Section or provision of this SMP be declared invalid, such decision shall 32

not affect the validity of this SMP as a whole. 33

April 2016


03.10.070 Effective Date 1

A. This SMP is hereby adopted on the XX day of XX 201X. This SMP and all 2

amendments thereto shall become effective 14 days after final approval and adoption 3

by Ecology. 4

5

April 2016


Article II. Environment Designation 1

03.10.100 Environment Designations 2

A. The Partnership has designated shorelines pursuant to chapter 90.58 RCW by defining 3

them, providing criteria for their identification, and establishing shoreline ecological 4

functions to be protected. Project proponents are responsible for determining whether a 5

shoreline exists and is regulated pursuant to this SMP. This SMP classifies local 6

shoreline into eight shoreline environment designations consistent with the purpose and 7

designation criteria as follows: 8

1. Aquatic 9

2. Natural 10

3. Conservancy 11

4. Rural 12

5. Recreation Conservancy 13

6. Recreation 14

7. High Intensity 15

8. Shoreline Residential 16

9. Low Intensity Shoreline Residential 17

B. Official Shoreline Maps 18

1. Shoreline Area Designations are delineated on a map, hereby incorporated as a 19

part of this SMP Section 03.10.870, that shall be known as the Official 20

Shoreline Map. Maps indicating the extent of shoreline jurisdiction and 21

shoreline designations are to be used in conjunction with the most current 22

scientific and technical information available, field investigations, and on-site 23

surveys to accurately establish the location and extent of shoreline jurisdiction 24

when a project is proposed. 25

C. Unmapped or Undesignated Shorelines 26

1. All areas meeting the definition of a shoreline of the state or SSWS, whether 27

mapped or not, are subject to the provisions of this SMP. 28

D. Interpretation of Environment Designation Boundaries 29

1. Whenever existing physical features are inconsistent with boundaries on the 30

Official Shoreline Map, the Shoreline Administrator shall interpret the 31

Commented [A136]: WAC 173-26-211(2)(b) - An up-to-date and accurate map of the shoreline area delineating the environment designations and their boundaries shall be prepared and maintained in the local government office that administers shoreline permits…

April 2016


boundaries. Appeals of such interpretations may be filed pursuant to SMP 1

Section 03.10.810, Appeals. 2

2. All shoreline areas waterward of the OHWM shall be designated Aquatic. 3

3. Only one shoreline area designation shall apply to a given shoreland area. In 4

the case of parallel designations, designations shall be divided along an 5

identified linear feature. Such linear features shall be clearly noted in the 6

metadata associated with the Official Shoreline Map. 7

4. All areas within shorelines that are not mapped and/or designated are 8

automatically assigned a “Rural Conservancy” designation. 9

03.10.110 Aquatic 10

A. Purpose 11

1. The purpose of the "Aquatic" shoreline designation is to protect, restore, and 12

manage the unique characteristics and resources of the areas waterward of the 13

OHWM. 14

B. Designation Criteria 15

1. An Aquatic environment designation is assigned to lands and waters waterward 16

of the OHWM. 17

C. Management Policies 18

1. In addition to the other applicable policies and regulations of this SMP, the 19

following management policies shall apply: 20

a. New overwater structures should be allowed only for water-dependent 21

uses, public access, recreation, or ecological restoration. 22

b. Shoreline uses and modifications should be designed and managed to 23

prevent degradation of water quality and natural hydrographic 24

conditions. 25

c. In-water uses should be allowed where impacts can be mitigated to 26

ensure no net loss of shoreline ecological functions. Permitted in-water 27

uses must be managed to avoid impacts to shoreline ecological 28

functions. Unavoidable impacts must be minimized and mitigated. 29

d. On navigable waters or their beds, all uses and developments should be 30

located and designed to: 31

i. Minimize interference with surface navigation; 32

ii. Consider impacts to public views; and 33

Commented [A137]: WAC 173-26-211(2)(b) - If it is not feasible to accurately designate individual parcels on a map, the master program text shall include a clear basis for identifying the boundaries, physical features, explicit criteria, or "common" boundary descriptions to accurately define and distinguish the environments on the ground.

Commented [A138]: WAC 173-26-211(2)(e)

Commented [A139]: WAC 173-26-211(4)(a) - Requirements

i.Purpose Statement

ii.Classification Criteria iii.Management Policies

iv.Regulations (in SMP 03.10.200)

Commented [A140]: Aquatic -

Commented [A141]: WAC 173-26-211(5)(c)(i)

Commented [A142]: WAC 173-26-211(5)(c)(iii)

Commented [A143]: The following are no explicitly stated in these management Policies: WAC 173-26-211(5)(c)(ii)

(E) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence described in WAC 173-26-201 (2)(e) as necessary to assure no net loss of ecological

functions. (G) Local governments should reserve shoreline space for shoreline preferred uses. Such planning should consider upland and in-water uses, water quality, navigation, presence of aquatic vegetation, existing shellfish protection districts and critical habitats, aesthetics, public access and views.

Commented [A144]: WAC 173-26-211(5)(c)(ii)(A)

Commented [A145]: WAC 173-26-211(5)(c)(ii)(F)

Commented [A146]: WAC 173-26-211(5)(c)(ii)(D)

http://app.leg.wa.gov/RCW/default.aspx?cite=90.58.020

http://apps.leg.wa.gov/WAC/default.aspx?cite=173-26-201


April 2016


iii. Allow for the safe, unobstructed passage of fish and wildlife, 1

particularly species dependent on migration. 2

2. Multiple or shared use of overwater and water-access facilities should be 3

encouraged to reduce the impacts of shoreline development and increase 4

effective use of water resources. 5

3. Structures and activities permitted should be related in size, form, design, and 6

intensity of use to those permitted in the immediately adjacent upland area. The 7

size of new overwater structures should be limited to the minimum necessary to 8

support the structure’s intended use. 9

4. Natural light should be allowed to penetrate to the extent necessary to support 10

fisheries and nearshore aquatic habitat, unless other illumination is required by 11

state or federal agencies. 12

5. Aquaculture practices should be encouraged in those waters and beds most 13

suitable for such use. Aquaculture should be discouraged where it would 14

adversely affect the strength or viability of native stocks or unreasonably 15

interfere with navigation. 16

6. Shoreline uses, development, activities, and modifications in the Aquatic 17

shoreline designation requiring use of adjacent landside property should be in a 18

shoreline designation that allows that use, development, activity, or 19

modification. 20

03.10.120 Natural 21

A. Purpose 22

1. The purpose of the Natural environment designation is to protect those shoreline 23

areas that are relatively free of human influence or that include intact or 24

minimally degraded shoreline ecological functions less tolerant of human use. 25

These systems require that only very low-intensity uses be allowed in order to 26

maintain the ecological functions and ecosystem-wide processes. Consistent 27

with the policies of the designation, restoration of degraded shorelines within 28

this environment is appropriate. 29


1. Use the following criteria when applying a Natural environment designation: 31

a. The shoreline ecological functions are substantially intact and have a 32

high opportunity for preservation and low opportunity for restoration. 33

b. The shoreline is generally in public or conservancy ownership or under 34

covenant, easement, or a conservation tax program. 35

Commented [A147]: WAC 173-26-211(5)(c)(ii)©

Commented [A148]: WAC 173-26-211(5)(c)(ii)((B)

Commented [A149]: Specify the lakes and rivers that are mostly applicable to light issues for listed fish

Commented [A150]: WAC 173-26-211(5)(a)

Commented [A151]: WAC specifically identifies wetlands as

part of natural

Commented [A152]: WAC 173-26-211(5)(a)(iii)(A)

April 2016


c. The shoreline contains little or no development, or is planned for 1

development that would have minimal adverse impacts to ecological 2

functions or risk to human safety. 3

d. There are low-intensity agricultural or forested land uses, and no active 4

mining uses. 5

e. The shoreline has a high potential for low-impact or passive or public 6

recreation. 7

f. The shoreline is considered to represent ecosystems and geologic types 8

that have high scientific and educational value. 9


1. In addition to other applicable policies and regulations, the following 11

management policies shall apply: 12

a. Any use that would substantially degrade shoreline ecological functions 13

or natural character of the shoreline area should not be allowed. 14

b. Scientific, historical, cultural, educational research, and low-impact, 15

passive recreational uses are allowed, while meeting no net loss of 16

ecological function requirements. 17

c. Single-family residential development may be allowed as a conditional 18

use if the density and intensity of such use is limited as necessary to 19

protect ecological functions and is consistent with the purpose of the 20

environment. 21

d. Agricultural uses of a very low intensity nature may be consistent with 22

the natural environment when such use is subject to appropriate 23

limitations or conditions to assure that the use does not expand or alter 24

practices in a manner inconsistent with the purpose of the designation. 25

e. Vegetation should remain undisturbed except for removal of noxious 26

vegetation and invasive species through ongoing management activities, 27

or as part of a development proposal. Proposed subdivision or lot line 28

adjustments, new development, or significant vegetation removal that 29

would reduce the capability of vegetation to perform normal ecological 30

functions should not be allowed. 31

f. Uses that would deplete physical or biological resources or impair views 32

to or from the shoreline over time should be prohibited. 33

g. Only physical alterations that serve to protect a significant or unique 34

physical, biological, or visual shoreline feature that might otherwise be 35

Commented [A153]: WAC 173-26-211(5)(a)(iii)(C)

Commented [A154]: Does County want to allow low-intensity Ag consistent with the newly added WAC 173-26-211 Management policies below:

Agricultural uses of a very low intensity nature may be consistent with the natural environment when such use is subject to appropriate limitations or conditions to assure that the use does not expand or alter practices in a manner inconsistent with the purpose of the designation

Commented [A155]: Better in rural or conservancy ED

Commented [A156]: WAC 173-26-211(5)(a)(iii(B)

Commented [A157]: WAC 173-26-211(5)(a)(ii)

Commented [A158]: WAC 173-26-211(5)(a)(ii)(A)

Commented [A159]: WAC 173-26-211(5)(a)(ii)(F)

Commented [A160]: WAC 173-26-211(5)(a)(ii)(C)

Commented [A161]: Keep if we are keeping item B.1.d above

Commented [A162]: Rural or conservancy ED? Think about

this more; discuss in future

Commented [A163]: WAC 173-26-211(5)(a)(ii)(E)

Commented [A164]: WAC 173-26-211(5)(a)(ii)(G)

April 2016


degraded or destroyed, or those alterations that are the minimum 1

necessary to support a permitted use, should be allowed. 2

h. Only the following types of signs should be considered for location in 3

the shorelines: interpretive, directional, navigational, regulatory, and 4

public. 5

03.10.130 Conservancy 6

A. Purpose 7

1. The purpose of the "Conservancy" environment designation is to protect 8

shoreline ecological functions and conserve existing natural resource based uses 9

such as lower intensity agriculture, forestry, and valuable historic and cultural 10

areas in order to provide for sustained resource use, achieve natural floodplain 11

processes where applicable, and provide recreational opportunities. In addition 12

to existing low intensity agriculture or rangeland uses, examples of uses that are 13

appropriate in a Conservancy shoreline designation include low-impact 14

recreation, natural resource-based uses, and low-intensity residential 15

development. 16


1. The following criteria are used to consider a Conservancy environment 18

designation: 19

a. The shoreline is located outside of incorporated municipalities. 20

b. The shoreline is not highly developed, and most development is related 21

to forestry, low-density residential, and rangelands used for livestock 22

grazing. 23

c. Water-oriented recreation where ecological functions can be maintained 24

or restored, or 25

d. The shoreline has high scientific or educational value or unique historic 26

or cultural resources value. 27




a. In addition to existing uses, other shoreline uses should be limited to 31

those that sustain the shoreline area’s physical and biological resources 32

and do not degrade shoreline ecological functions or the rural or natural 33

character of the shoreline area. 34

Commented [A165]: WAC 173-26-211(5)(b)

Commented [A166]: WAC 173-26-211(5)(b)(i)

Commented [A167]: Need to define

Commented [A168]: Missing: WAC 173-26-211(5)(b)(iii) (C) The shoreline is supporting human uses but subject to environmental limitations, such as properties that include or are adjacent to steep banks, feeder bluffs, or flood plains or other flood-prone areas;

Commented [A169]: REvisit

Commented [A170]: WAC 173-26-211(5)(b)(iii) - Assign a "rural conservancy" environment designation to shoreline areas outside incorporated municipalities and outside urban growth areas

Commented [A171]: WAC 173-26-211(5)(b)(iii)(A) and (B)

Commented [A172]: WAC 173-26-211(5)(b)(iii)

(D) The shoreline is of high recreational value or with unique historic or cultural resources; or (E) The shoreline has low-intensity water-dependent uses.

Commented [A173]: Nature conservancy lands or written

agreement such as conservation easement?

Commented [A174]: WAC 173-26-211(5)(b)(ii)(A)

April 2016


b. Development shall ensure no net loss of shoreline ecological functions 1

and preserve the existing character of the shoreline consistent with the 2

purpose of this designation. 3

c. Encourage regulations that limit lot coverage, provide adequate setbacks 4

from the shoreline, promote native vegetation conservation and invasive 5

species control/removal and replacement with native species, reduce the 6

need for shoreline stabilization, and maintain or improve water quality to 7

ensure no net loss of shoreline ecological functions. 8

d. Water-dependent, water-related and water-oriented recreation facilities 9

that do not deplete the resource over time are preferred uses. Adverse 10

impacts to the shoreline must be avoided. Impacts shall be avoided if 11

technically possible, otherwise minimized and mitigated. 12

e. Commercial and industrial uses other than low-intensity agricultural 13

practices and commercial forestry shall be discouraged. 14

f. Development and uses that would substantially degrade or permanently 15

deplete the biological resources of the area should not be allowed. 16

g. New shoreline stabilization, flood-control measures, vegetation removal, 17

and other shoreline modifications should be designed and managed 18

consistent with these guidelines to ensure that the natural shoreline 19

functions are protected. 20

03.10.140 Recreation Conservancy 21

A. Purpose 22

1. The purpose of the Recreation Conservancy environment designation is to 23

provide continued and enhanced recreational opportunities while protecting 24

shoreline ecological functions and to conserve existing natural resources and 25

valuable historical and cultural areas in order to provide for sustained resource 26

use, and achieve natural floodplain processes where applicable. Examples of 27

uses that are appropriate in a Recreation Conservancy shoreline designation 28

include public lands with low-impact recreation uses and water-oriented 29

commercial development. 30


1. The following criteria are used to consider a Recreation Conservancy 32

environment designation: 33

a. The shoreline is located outside of incorporated municipalities; 34

b. In most cases, the shoreline is publicly owned and includes areas such as 35

Lake Roosevelt National Recreation area, Colville National Forest and 36

Commented [A175]: WAC 173-26-211(5)(b)(ii)(D)

Residential development standards shall ensure no net loss of shoreline ecological functions and should preserve the existing character of the shoreline consistent with the purpose of the environment. As a general matter, meeting this provision will require density, lot coverage, vegetation conservation and other provisions.



Except as noted, commercial and industrial uses should not be allowed. Agriculture, commercial forestry, and aquaculture when consistent with provisions of this chapter may be allowed. Low-intensity, water-oriented commercial and industrial uses may be permitted in the limited instances where those uses have located in the past or at unique sites in rural communities that possess shoreline conditions and services to support the use.

Commented [A178]: WAC 173-26-211(5)(b)(ii)(B)

Commented [A179]: WAC 173-26-211(5)(b)(ii)€

Commented [A180]: WAC 173-26-211(5)(b)

Commented [A181]: WAC 173-26-211(5)(b)(iii)

April 2016


Little Pend Oreille area lakes that provide aquatic habitat and water 1

supply benefits; 2

c. The shoreline has moderate to high ecological function with moderate to 3

high opportunity for preservation and low to moderate opportunity for 4

restoration, or low to moderate opportunity for restoration; 5

d. The shoreline is not highly developed and most development is low-6

intensity recreation-related; 7

e. The shoreline has existing or moderate to high potential for public, 8

water-oriented recreation where ecological functions can be maintained 9

or restored. For Lake Roosevelt, shorelines are designated as Dispersed 10

Recreation Zones in the Lake Roosevelt National Recreation Area Plans; 11

f. The shoreline has high scientific or educational value or unique 12

historical or cultural resources value. 13




a. Uses in the Recreation Conservancy should be low-intensity recreational 17

uses that sustain the shoreline area's physical and biological resources 18

and do not substantially degrade shoreline ecological functions or the 19

rural or natural character of the shoreline area. 20

b. Recreational development shall ensure no net loss of shoreline 21

ecological functions and preserve the existing character of the shoreline 22

consistent with the purpose of this designation. 23

c. Encourage regulations that provide adequate setbacks from the 24

shoreline, promote native vegetation conservation and invasive species 25

control/removal and replacement with native species, reduce the need 26

for shoreline stabilization, and maintain or improve water quality to 27

ensure no net loss of shoreline ecological functions. 28

d. Water-dependent and water-enjoyment recreation facilities that do not 29

deplete the resource over time are preferred uses, provided significant 30

adverse impacts to the shoreline are avoided and unavoidable impacts 31

are minimized and mitigated. 32

e. Developments and uses that would substantially degrade or permanently 33


f. New shoreline stabilization, flood-control measures, vegetation removal, 35


Commented [A182]: WAC 173-26-211(5)(b)(iii)(D)

The shoreline is of high recreational value or with unique historic or cultural resources

Commented [A183]: WAC 173-26-211(5)(b)(iii)(A)

Commented [A184]: WAC 173-26-211(5)(b)(iii)€





April 2016



functions are protected. Such shoreline modification should not be 2

inconsistent with planning provisions for restoration of shoreline 3

ecological functions. 4

g. For Lake Roosevelt, development and uses must be consistent with NPS 5

requirements. 6

03.10.150 Recreation 7

A. Purpose 8

1. The purpose of the Recreation environment designation is to provide for 9

water-oriented recreational uses with some commercial uses and residential 10

mixed-uses to support recreational uses while protecting existing ecological 11

functions, conserving existing natural resources, and restoring ecological 12

functions in areas that have been previously degraded. 13


1. The following criteria are used to consider a Recreation environment 15

designation: 16

a. The shoreline has low to moderate ecological function with low to 17

moderate opportunity for preservation, and restoration. 18

b. The shoreline is highly developed, and most development is recreation-19

related with potential for additional recreation and recreation-related 20

commerce or is suitable and planned for water-oriented uses. 21

c. For the Lake Roosevelt area, shoreline is designated Concentrated 22

Recreation or Developed Recreation Zone in the Lake Roosevelt 23

National Recreation Area Plans. 24

d. The shoreline has existing recreation uses or moderate to high potential 25

for public and private, water-oriented recreation where ecological 26

functions can be maintained or enhanced. 27

e. The shoreline has limited scientific or educational value or unique 28

historic or cultural resources values. 29




a. In regulating uses in the Recreation environment, first priority should be 33

given to water-dependent recreational uses. Second priority should be 34

Commented [A189]: WAC 173-26-211(5)(b)(ii)(E)

Commented [A190]: WAC 173-26-211(5)(b)(iii)(D)

the shoreline is of high recreational value


April 2016


given to water-related and water-enjoyment recreational uses. 1

Non-water-oriented uses should not be allowed, except as part of mixed-2

use developments with a recreation focus. 3

b. Policies and regulations shall ensure no net loss of shoreline ecological 4

functions as a result of new development. Consistent with the 5

Partnership's restoration plan, new development shall include restoration 6

of shoreline functions as part of project proposals. 7

c. In the Lake Roosevelt’s Developed Recreation Zone, resources will be 8

managed to maintain the natural character of the area and enhance the 9

visitor experience. Native plant species will be maintained in natural 10

areas, but non-native species can be used in developed area landscapes 11

to resolve specific problems that cannot be addressed with native 12

species. 13

d. In the Lake Roosevelt’s Concentrated Recreation Zone, resources will 14

be primarily managed to enhance visitor experience. Maintaining native 15

plant species will continue to be an emphasis, but non-native species can 16

be considered to resolve landscape problems. 17

e. Where feasible, visual and physical public access should be required as 18

provided for in SMP 03.10.260, Public Access. Recreational objectives 19

should be enhanced by combining physical and visual public access 20

opportunities with other recreational opportunities where feasible. 21

f. Water-oriented commercial uses should be allowed. 22

g. Aesthetic objectives should be implemented by means such as sign 23

control regulations, appropriate development siting, screening, and 24

architectural standards, and maintenance of natural vegetative buffers. 25

03.10.160 Rural 26

A. Purpose 27

1. The purpose of the Rural environment designation is to protect and conserve 28

existing natural and resource-based uses such as rural agricultural and working 29

forest lands, large lot home sites, other privately owned large parcels, and lands 30

in public ownership; restrict intensive development along undeveloped spaces; 31

and protect shoreline ecological functions and valuable historic and cultural 32

areas to provide for sustained resource use, maintenance of natural processes, 33

and recreational opportunities. In addition to existing and future agricultural, 34

rangeland, and forest uses, examples of uses that are appropriate in Rural 35

shoreline environment include low- and higher-intensity recreational uses, 36

natural resource-based low-intensity uses, development in support of 37

agricultural uses, and low-intensity residential development. 38

Commented [A192]: WAC 173-26-211(5)(d)(ii)

(C) Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated.

Commented [A193]: WAC 173-26-211(5)(d)(ii)(E) Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers.

April 2016



1. Apply the following criteria for a Rural environment designation: 2

a. The shoreline is not highly developed, and most development is 3

agriculture, rangeland, or low-density residential. Unimproved land is 4

used for livestock grazing, forestry, and logging. 5

b. The shoreline has riparian vegetation with high to moderate ecological 6

functions. 7

c. The shoreline has low to moderate potential for public, water-oriented 8

recreation where ecological functions can be maintained or restored. 9

d. The shoreline has high potential for agricultural uses. 10

d.e. Shoreline includes larger parcels with several hundred feet or more of 11

contiguous shoreline. 12


1. In addition to the other applicable policies and regulations of this SMP, apply 14

the following management policies: 15

a. In addition to existing agriculture, forestry, or rangeland uses, other 16

shoreline uses should be limited to those that sustain the shoreline area’s 17

physical and biological resources and do not substantially degrade 18

shoreline ecological functions or the rural or natural character of the 19

shoreline area. 20

b. New development shall ensure no net loss of shoreline ecological 21

functions and preserve the existing character of the shoreline consistent 22

with the purpose of this designation (e.g., residential developments shall 23

maintain low density and adequate buffer and building setbacks from the 24

water and wetlands). 25

c. Encourage regulations that provide adequate buffers from the shoreline, 26

promote water quality protection and native vegetation conservation, 27

promote invasive species control or removal and replacement with 28

native species, provide opportunities for restoration actions, and reduce 29

the need for shoreline stabilization to ensure no net loss of shoreline 30

ecological function. 31

d. Water-oriented recreational and natural resource uses and facilities that 32

conserve natural resources are preferred uses, provided that significant 33

adverse impacts to the shoreline are avoided if technically possible or 34

otherwise minimized and mitigated. 35

Commented [A194]: WAC 173-26-211(5)(b)(iii)(A)

The shoreline is currently supporting lesser-intensity resource-based uses, such as agriculture, forestry, or recreational uses, or is designated agricultural or forest lands

Commented [A195]: WAC 173-26-211(5)(e)(iii) (C) They have potential for ecological restoration


Commented [A197]: WAC 173-26-211(5)(b)(ii)(D)

Residential development standards shall ensure no net loss of shoreline ecological functions and should preserve the existing character of the shoreline consistent with the purpose of the environment. As a general matter, meeting this provision will require density, lot coverage, vegetation conservation and other provisions.

Commented [A198]: Not completely consistent: WAC 173-26-211(5)(e)(ii)(B)

Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the "urban conservancy" designation. These standards shall ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values.

Commented [A199]: WAC 173-26-211(5)(e)(ii)(E)

Water-oriented uses should be given priority over nonwater-oriented uses. For shoreline areas adjacent to commercially navigable waters, water-dependent uses should be given highest priority.

April 2016


e. Developments and uses that would substantially degrade or permanently 1


f. New shoreline stabilization, flood control measures, vegetation removal, 3



functions are protected. 6

03.10.170 High Intensity 7

A. Purpose 8

1. The purpose of the High Intensity environment designation is to provide for 9

water dependent public and private commercial, transportation and mixed uses. 10

The preferred use emphasis is on water-dependent or water-oriented commerce. 11

Examples of uses that are appropriate in a High Intensity shoreline environment 12

include transportation, ferry terminal, navigation uses, water-dependent 13

industries, fish hatcheries, marinas, resorts and restaurants (when designed with 14

water-enjoyment features), and similar uses. This environment may also 15

provide for recreation, while protecting existing ecological functions and, where 16

possible, restoring ecological functions in areas that have been previously 17

degraded. 18


1. Apply the following criteria for a High Intensity environment designation: 20

a. The shoreline has low ecological function with low opportunity for 21

ecological enhancement or rehabilitation. 22

b. The shoreline is highly developed, and most development is related to 23

public utility, infrastructure, navigation, industry, or commerce with 24

potential for additional related development, and facility rehabilitation or 25

other modifications. 26

c. The uses depend on proximity to water, including high-intensity uses 27

related to industrial production, conveyance, transportation, wastewater 28

treatment, or navigation. 29

d. The shoreline has limited or no unique historic or cultural resources 30

values. 31


1. In addition to the other applicable policies and regulations of this SMP, apply 33

the following management policies: 34


Commented [A201]: WAC 173-26-211(5)(b)(ii)€

Commented [A202]: WAC 173-26-211(5)(d)(i)

Commented [A203]: WAC 173-26-211(5)(d)

(iii) Designation criteria. Assign a "high-intensity" environment designation to shoreline areas within incorporated municipalities, urban growth areas, and industrial or commercial "limited areas of more intensive rural development," as described by RCW 36.70A.070, if they

currently support high-intensity uses related to commerce, transportation or navigation; or are suitable and planned for high-intensity water-oriented uses.

http://app.leg.wa.gov/RCW/default.aspx?cite=36.70A.070

April 2016


a. In regulating uses in the High Intensity environment, first priority should 1

be given to water-dependent commercial or public facility uses. Second 2

priority should be given to water-related and water-enjoyment uses that 3

are not in conflict with the surrounding commercial uses. 4

Non-water-oriented uses are allowed as part of commercial or public 5

facility operational needs. 6

b. Policies and regulations shall ensure no net loss of shoreline ecological 7

functions as a result of redevelopment, facility upgrades, and new 8

development. Where applicable, development shall include 9

environmental cleanup and restoration of the shoreline to comply with 10

any relevant state and federal laws. 11

c. Where feasible and appropriate, visual and physical public access 12

provisions may be included as consistent with SMP Section 03.10.260 13

Public Access. 14

d. Aesthetic objectives should be implemented by means such as 15

appropriate development siting, screening, and maintenance of natural 16

vegetative buffers. 17

03.10.180 Shoreline Residential 18

A. Purpose 19

1. The purpose of the “Shoreline Residential” environment designation is to 20

accommodate primarily residential development and appurtenant structures but 21

also to allow other types of development consistent with this chapter. An 22

additional purpose is to provide appropriate public access and recreational uses. 23


1. Assign a Shoreline Residential environment designation to shoreline areas 25

where: 26

a. The shoreline has low to moderate ecological function with low to 27

moderate opportunity for restoration. 28

b. The shoreline contains mostly improved and unimproved residential 29

development areas at urban densities in UGAs or in clusters in rural 30

setting. Shoreline includes areas historically platted or developed as 31

medium and high-density residential uses (E.g., Loon, Deer, Deep 32

lakes), or areas in the UGAs that could be developed as higher density 33

residential redevelopment. Shoreline typically consists of smaller parcels 34

with narrow shoreline frontage width. 35

Commented [A204]: WAC 173-26-211(5)(d)(iii)(A)

Commented [A205]: WAC 173-26-211(5)(d)(iii)(C)

Commented [A206]: WAC 173-26-211(5)(d)(iii)(D)

Commented [A207]: WAC 173-26-211(5)(d)(iii)(E)

Commented [A208]: WAC 173-26-211(5)(f)(i)

Commented [A209]: WAC 173-26-211(5)(f)(iii) Designation criteria. Assign a "shoreline residential" environment

designation to shoreline areas inside urban growth areas, as defined

in RCW 36.70A.110, incorporated municipalities, "rural areas of

more intense development," or "master planned resorts," as described in RCW 36.70A.360, if they are predominantly single-

family or multifamily residential development or are planned and

platted for residential development.

April 2016


c. The shoreline has low to moderate potential for low-impact, passive, or 1

active water-oriented recreation where ecological functions can be 2

restored. 3




a. Encourage regulations that ensure no net loss of shoreline ecological 7

functions as a result of new development such as limiting lot coverage, 8

providing adequate setbacks from the shoreline, promoting vegetation 9

conservation, reducing the need for shoreline stabilization, and 10

maintaining or improving water quality to ensure no net loss of 11


b. The scale and density of new uses and development should be 13

compatible with sustaining shoreline ecological functions and processes, 14

and the existing residential character of the area. 15

c. Public access and joint (rather than individual) use of recreational 16

facilities should be promoted. 17

d. Access, utilities, and public services to serve proposed development 18

within shorelines should be constructed outside shorelines to the extent 19

feasible, and be the minimum necessary to adequately serve existing 20

needs and planned future development. 21

e. Public or private outdoor recreation facilities should be provided with 22

proposals for subdivision development and encouraged with all 23

shoreline development if compatible with the character of the area. 24

Priority should be given first to water-dependent and then to water-25

enjoyment recreation facilities. 26

f. Commercial development should be limited to water-oriented uses. 27

Non-water-oriented commercial uses should only be allowed as part of 28

mixed-used developments. 29

03.10.190 Shoreline Residential – Low Intensity 30

A. Purpose 31

1. The purpose of the "Shoreline Residential – Low Intensity" designation is to 32

accommodate residential development in areas planned for low density 33

residential land use (primarily around lakes and along rivers with existing 34

residential development), while protecting and, where appropriate, enhancing 35

ecological functions. An additional purpose is to provide appropriate public 36

access and recreational uses. 37

Commented [A210]: WAC 173-26-211(5)(f)(ii)(A)

Commented [A211]: WAC 173-26-211(5)(f)(ii)(B)

Multifamily and multilot residential and recreational developments should provide public access and joint use for community recreational facilities.

Commented [A212]: WAC 173-26-211(5)(f)(ii)(C) Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.

Commented [A213]: WAC 173-26-211(5)(f)(ii)(D)

Commercial development should be limited to water-oriented uses.

April 2016



1. Assign a "Shoreline Residential – Low Intensity" environment designation to 2

shoreline areas where: 3

a. The shoreline has moderate to high ecological function with low to 4

moderate opportunity for restoration, and provides opportunity for 5

development that is compatible with ecological protection/restoration. 6

b. The shoreline is mostly outside of urban growth or LAMIRD areas that 7

currently have limited development. 8

c. The shoreline is planned orhistorically platted or developed as for low-9

density residential uses in the comprehensive plan and existing zoning 10

also supports future low-intensity development. 11

c.d. Parcels are typically larger than those in the Shoreline Residential 12

environment, with varying widths of shoreline frontage, and often in 13

proximity to existing developed and designated Shoreline Residential 14

areas, and often in areas transitioning from higher to lower densities of 15

development. 16

d.e. The shoreline may support public passive or active water-oriented 17

recreation with opportunity for ecological functions restoration. 18


1. In addition to the other applicable policies and regulations of this Program the 20


a. Encourage regulations that ensure no net loss of shoreline ecological 22

functions as a result of new development such as limiting lot coverage, 23

providing adequate setbacks from the shoreline, promoting vegetation 24

conservation, reducing the need for shoreline stabilization and 25

maintaining or improving water quality to ensure no net loss of 26


b. The scale and density of new uses and development should be 28

compatible with sustaining shoreline ecological functions and processes, 29

and the existing residential and ecological character of the area. 30

c. Developments and uses that would substantially degrade or permanently 31


d. Enhancement/restoration of shoreline ecological functions should be 33

encouraged 34

Commented [A214]: WAC 173-26-211(5)(f)(ii)(A)


April 2016


e. Public access and joint (rather than individual) use of recreational 1

facilities should be promoted. 2

f. Access, utilities, and public services to serve proposed development 3

within shorelines should be constructed outside shorelines to the extent 4

feasible, and be the minimum necessary to adequately serve existing 5

needs and planned future development. 6

g. Low intensity public or private outdoor recreation facilities should be 7

provided with proposals for subdivision development, if compatible with 8

the character of the area. Priority should be given first to 9

water-dependent and then to water-enjoyment recreation facilities. 10

Commented [A216]: WAC 173-26-211(5)(f)(ii)(B)

Multifamily and multilot residential and recreational developments should provide public access and joint use for community recreational facilities.

Commented [A217]: WAC 173-26-211(5)(f)(ii)(C) Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.

April 2016


Article III. General Regulations 1

03.10.200 Shoreline Use and Modification 2

A. Regulations 3

1. Table 03.10.200 (B) indicates which shoreline activities, uses, developments, 4

and modifications may be allowed or are prohibited in shoreline jurisdiction 5

within each shoreline environment designation. Activities, uses, developments, 6

and modifications are classified as follows: 7

a. “Allowed Uses” require a Shoreline Substantial Development Permit or 8

a Shoreline Exemption. 9

b. “Conditional Uses” require a Shoreline Conditional Use Permit per SMP 10

Section 03.10.750. 11

c. “Prohibited” activities, uses, developments, and modifications are not 12

allowed and cannot be permitted through a Variance or Shoreline 13

Conditional Use Permit. 14

d. Article III, General Regulations, and Article IV, Shoreline Modification 15

and Uses Regulations shall be considered for additional limitations. 16

2. All uses shall comply with the written provisions and regulations in this SMP 17

and the shoreline use and modification matrix in Table 03.10.200 (B). Where 18

there is a conflict between the chart and the written provisions in this SMP, the 19

written provisions shall control. 20

B. Shoreline Use and Modification Matrix: 21

Table 03.10.200 (B) 22 Shoreline Use and Modification Matrix 23

Abbreviations

A = Allowed with Substantial Development Permit; C = Conditional

Use;

X = Prohibited; N/A = Not Applicable;

Use/Modification

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Re

cre

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Co

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Re

cre

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Hig

h In

ten

sity

Sho

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esid

en

tia

l

Sho

relin

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esid

en

tia

l

– L

ow

In

ten

sity

Resource Uses

New Agriculture X X A1 A X X X C A

Aquaculture A2 X

A2, C

A2, C

X X X X X

Forest practices NA C A A A C X X C

Mining3 X X C C X X A X X

Commented [A218]: WAC 173-26-211(5)(a)(ii)(D)

April 2016


Abbreviations


Use;


Use/Modification

Aq

uat

ic

Na

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Ru

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Re

cre

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Co

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rva

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Re

cre

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Hig

h In

ten

sity

Sho

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esid

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tia

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Sho

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esid

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tia

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– L

ow

In

ten

sity

Boating Facilities

Boat launch (motorized boats) A X C A A A A A A

Boat launch (non-motorized boats—canoe/kayak)

A C A A A A A A A

Marina A X C C C A A C C

Docks, Piers, Mooring Facilities

Private and shared moorage A X X A A A A A A

Public moorage A X A A A A A A A

Covered moorage C X X C X C C X X

Commercial Development

Water dependent A X A A A A A C C

Water-related and water-enjoyment X X C A A A A C C

Non-water-oriented C4 X C4 C4 C4 A4 A4 X X

Dredging Activities

Dredging A NA NA NA NA NA NA NA NA

Dredge material disposal C5 X C5 C5 C5 C5 C5 C5 C5

Dredging and fill as part of ecological restoration/enhancement

A A A A A A A A A

Fill

Fill waterward of OHWM and in floodways

C C C C C C C C C

Upland fill NA C A A A A A A A

Industrial Uses

Water dependent C4 X X X X X A X X

Water-related and water-enjoyment X X X X X X A X X

Non-water-oriented X X X X X X A4 X X

In-water Modifications

Breakwater C X C C C C C C C

Groins and weirs C X C C C C C C C

In-stream structures A C A A A A A C A

Research and Monitoring

Water dependent A A A A A A A A A

Water-related and water-enjoyment A A A A A A A A A

Non-water-oriented A A A A A A A A A

Recreational Development

Water dependent A A1 A1 A A A A A A

April 2016


Abbreviations


Use;


Use/Modification

Aq

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ic

Na

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Co

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Ru

ral

Re

cre

atio

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Co

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rva

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Re

cre

atio

n

Hig

h In

ten

sity

Sho

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esid

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tia

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Sho

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esid

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tia

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– L

ow

In

ten

sity

Water-related and water-enjoyment (trails and accessory buildings)

C C1 A1 A A A A A A

Non-water-oriented X X C1 C C A A A4 A4

Residential Development X C A A A A A A A

Shoreline Habitat and Natural Systems Enhancement Projects

A A A A A A A A A

Shoreline Stabilization and Flood Control

Flood Control

Modification of existing flood control facilities (dams, dikes, and levees), including replacement landward of existing location

A A A A A A A A A

New flood control facilities (dams, dikes, weirs, and levees)

C C6 C C C C A C C

Shoreline Stabilization

New

Hard (conventional, bulkheads, and riprap)

C X C C C C A C C

Soft (biotechnical) A A A A A A A A A

Replacement 7 A A A A A A A A A

Transportation

Highways, arterials, and railroads (parallel to OHWM)

NA X A A A A A A A

Secondary/public access roads (parallel to OHWM)

NA C A A A A A A A

Roads perpendicular to the OHWM X C A A A A A A A

Bridges (perpendicular to shoreline) A C A A A A A A A

Existing bridges, trails, roads, and parking facilities (improvement or expansion)

A A A A A A A A A

New parking, accessory Allowed to support primary authorized use – see permitting

requirements for primary use

Utilities

Aboveground and underground utilities (parallel and across shoreline)

C A A A A A A A A

Notes: 1

April 2016


1. Low intensity only. 1 2. Allowed for non-commercial net pens or rearing ponds supporting native-species recovery efforts or public 2

recreational fisheries. 3 3. Low-intensity mining activities are allowed without a permit, but must comply with the WDFW Gold and 4

Mining Pamphlet requirements. See SMP Section 03.10.390(B). 5 4. New uses are allowed as part of mixed use or according to SMP Section 03.10.340 or as part of an existing use 6

according to SMP Article VI, Existing Uses, Structures, and Lots. 7 5. Permitted outside of channel migration zones. 8 6. Only when no other alternatives are available. 9 7. Exempt for protective bulkhead common to single-family residences according to SMP Section 03.10.770(D) 10

and when consistent with SMP Section 03.10.420 (F) and (G). 11

12

C. General: 13

1. Accessory uses shall be subject to the same shoreline permit process as their 14

primary use. 15

2. Authorized uses and modifications shall be allowed only in shoreline 16

jurisdictions where the underlying zoning allows for it and subject to the 17

policies and regulations of this SMP. 18

3. A use is considered unclassified when it is not listed in Table 03.10.200 (B) or 19

in Article IV, Shoreline Modification and Uses Regulations. Any proposed 20

unclassified use may be authorized as a conditional use provided that the 21

applicant can demonstrate consistency with the requirements of this SMP. 22

4. If any part of a proposed activity, use, modification, or development is not 23

eligible for exemption per SMP Section 03.10.770 (Exemptions from Shoreline 24

Substantial Development Permits), then a Shoreline Substantial Development 25

Permit or Shoreline Conditional Use Permit shall be required for the entire 26

proposed development project. 27

5. When a specific use or modification extends into the Aquatic environment and 28

an abutting upland environment without clear separation (e.g., private moorage 29

facility, shoreline stabilization), the most restrictive permit process shall apply 30

to that use or modification. 31

6. Shoreline and critical areas buffers found in Article V, Critical Areas, apply to 32

all uses and modifications unless stated otherwise in the regulations. 33

7. None of the allowed uses shall be conducted in the floodway in any 34

environment designation, except as allowed by SMP Section 03.10.540, 35

Frequently Flooded Areas. 36

8. Administrative interpretation of these regulations shall be done according to 37

SMP Section 03.10.710 (B) of this document. 38

April 2016


03.10.210 Development Standards 1

A. Regulations 2

1. To preserve the existing and planned character of the shoreline consistent with 3

the purposes of the shoreline environment designations, development standards 4

are provided in the Table 3.10.210 (B). These standards apply to all uses and 5

modifications unless indicated otherwise. In addition, shoreline developments 6

shall comply with all other dimensional requirements of the local codes. 7

2. When a development or use is proposed that does not comply with the 8

dimensional performance standards of this SMP not otherwise allowed by 9

administrative reduction or administrative modification, such development or 10

use can only be authorized by approval of a Shoreline Variance. 11

3. No permit shall be issued for any new or expanded building or structure of more 12

than 35 feet above average grade level on shorelines of the state that will 13

obstruct the view of a substantial number of residences on areas adjoining such 14

shorelines. 15

B. Shoreline Development Standards Matrix 16

Table 03.10.210 (B) 17 Shoreline Development Standards Matrix 18

X = Prohibited; N/A = Not

Applicable;

Standards

Aq

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Re

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ow

Inte

nsi

ty

Building Height 15 35 35 35 35 35

35; or as

required for

hydro-power

facilities

35 35

Stormwater Management NA TBD

Building Setback NA 10

Riparian buffer width in feet (forested areas) 1, 2, 3, 4,

NA Entire Area

150 100 100 100 50 75 100

Riparian Buffer Width in feet (shrub-steppe habitat) 4, 5, 6

NA Entire Area

75 65 65 50 35 50 65

Trail Width in feet NA 5 10 feet or the minimum as required by ADA regulations. Trails

on private properties and not open for public use may be up to 5 feet wide

Notes: 19

Commented [A219]: WAC 173-26-221(5)(c) Establish vegetation conservation standards that implement the principles in WAC 173-26-221 (5)(b). Methods to do this may include setback or buffer requirements, clearing and

grading standards, regulatory incentives, environment designation standards, or other master program provisions. Selective pruning of trees for safety and view protection may be allowed and the removal of noxious weeds should be authorized.

Commented [A220]: Partnership/Planning Commission to confirm..

Commented [A221]: WAC 173-26-221(5)(c) Establish vegetation conservation standards that implement the principles in WAC 173-26-221 (5)(b). Methods to do this may include setback or buffer requirements, clearing and

grading standards, regulatory incentives, environment designation standards, or other master program provisions. Selective pruning of trees for safety and view protection may be allowed and the removal of noxious weeds should be authorized.

April 2016


1. Measured from the ordinary high water mark or top of bank as applicable. 1 2. Accompanied by stormwater management measures/facilities, geologic hazard protections, wetland 2

buffers, priority habitat, and species-specific management recommendations for inland dunes, cliffs 3 and bluffs habitat, and other Shoreline Master Program conditions, as applicable. 4

3. Except where roadway, paved trail, or parking area encroaches, providing an ecological functional 5 break, and then to the waterward edge of the facility maintenance area (disturbed area), as 6 applicable. 7

4. In parallel environment designations, the most restrictive buffer requirement applies consistent with 8 Note #1. 9

5. 130 feet for new agricultural development on slopes 15% or greater within shoreline jurisdiction. 10 6. Buffers were based on the Final Draft Semi-Arid Riparian Functions and Associated Regulatory 11

Protections to Support Shoreline Master Program Updates (Anchor QEA 2013), Table 1 findings for 12 fish and wildlife habitat (less than 50 feet), shade and cover (less than 50 feet), erosion control (40 to 13 50 feet), water quality (50 to 65 feet) and organic input (less than 50 feet; Anchor QEA 2013). 14

ADA = Americans for Disabilities Act 15 Anchor QEA (Anchor QEA, LLC), 2013. Final Draft Semi-Arid Riparian Functions and Associated 16

Regulatory Protections to Support Shoreline Master Program Updates. Prepared for Grant County. 17 June 2013. 18

19

03.10.220 Archaeological and Historic Resources 20

A. General: 21

1. In all developments, whenever an archaeological area or historic site is 22

discovered by a development in the shoreline area, the developer shall comply 23

with applicable state and federal laws and regulations. 24

2. Developers and property owners shall stop work immediately and notify the 25

local government, the office of archaeology and historic preservation, and 26

affected Indian tribes if archaeological resources are uncovered during 27

excavation. 28

3. Permits issued in areas documented to contain archaeological resources shall 29

require a site inspection or evaluation by a professional archaeologist in 30

coordination with affected Indian tribes. 31

B. Known Historic, Cultural or Archaeological Sites 32

1. Upon receipt of application for a shoreline permit or application for a 33

demolition permit within the shoreline zone, or request for a statement of 34

exemption for development on properties within 500 feet of a site known to 35

contain a historic, cultural or archaeological resource(s), the Shoreline 36

Administrator shall require a cultural resource site survey/assessment. The site 37

assessment shall be conducted by a professional archaeologist or historic 38

preservation professional, as applicable, to determine the presence of historic or 39

significant archaeological resources. Buildings or structures over 40 years in age 40

shall be inventoried in a DAHP Historic Property Inventory Database entry and 41

archaeological sites shall be recorded on DAHP Archaeological Site Inventory 42

Commented [A222]: WAC 173.26.221(1)(c)(i)

Commented [A223]: WAC 173.26.221(1)(c)(ii)

Commented [A224]: Provisions recommended by DAHP.

Partnership/Planning Commission to review and consider.

April 2016


Forms. The fee for the services of the professional archaeologist or historic 1

preservationist shall be paid by the applicant. \ 2

2. If the cultural resource site assessment identifies the presence of archaeological, 3

or significant historic, cultural resources, recommendations shall be prepared by 4

a professional archaeologist or historic preservation professional, as part of the 5

survey/assessment. The fee for the services of the professional archaeologist or 6

historic preservation professional shall be paid by the applicant. In the 7

preparation of such plans, the professional archaeologist or historic preservation 8

professional shall solicit comments from the Washington State Department of 9

Archaeology and Historic Preservation, the affected Tribe(s). Comments 10

received shall be incorporated into the conclusions and recommended 11

conditions of the survey/assessment to the maximum extent practicable. 12

a. A Cultural Resources survey/assessment shall contain the following 13

minimum elements: 14

i. The purpose of the project; a site plan for proposed on-site 15

development; including indication of any existing building or 16

structures on-site as well as any that are proposed for removal; 17

depth and location of all ground disturbing activities including, but 18

not limited to, utilities, paved areas, clearing and grading, 19

landscaping or new landscape features (i.e. fencing, walls, etc.); an 20

examination of project on-site design alternatives; and an 21

explanation of why the proposed activity requires a location on, or 22

access across and/or through, an historic or 1 archaeological 23

resource; and 24

ii. A description of the historic/archaeological resources present, 25

including any building or structure over 40 years of age affected by 26

the proposal; and 27

iii. An analysis of the significance of the historic resource and an 28

analysis of the potential adverse impacts as a result of the activity; 29

iv. An analysis of how these impacts will be/have been avoided; or 30

A recommendation of appropriate mitigation measures if the 31

resources cannot be avoided. Some mitigation measure may 32

require a permit from DAHP. In the case 1 of archaeological 33

resources mitigation measures may include but are not limited 34

to the following: 35

Recording the site with the State Department of Archaeology 36

and Historic Preservation, or listing the site in the National 37

Register of Historic Places, Washington Heritage Register, as 38

applicable, or any locally developed historic registry formally 39

adopted by the Partnership; 40

April 2016


Adaptive re-use of buildings or structures according to the U.S. 1

Secretary of the Interior’s Standards for Rehabilitation. 2

Preservation in place; 3

Covering an archaeological site with a nonstructural surface to 4

discourage pilferage (e.g., maintained grass or pavement); 5

Excavation and recovery of archaeological resources; 6

Inventorying prior to covering of archaeological resources with 7

structures or development; and 8

Archaeological monitoring of construction excavation. 9

10

b. The administrator shall consult with the Washington State Department 11

of Archaeology and Historic Preservation and affected Tribe(s) prior to 12

approval and acceptance of the survey/assessment 13

c. Based upon consultation with DAHP and the affected Tribe(s), the 14

Shoreline Administrator may reject or request revision of the 15

conclusions reached in a survey/assessment when the administrator can 16

demonstrate that the assessment is inaccurate or does not fully address 17

the historic/archaeological resource management concerns involved. 18

3. Within 15 days of receipt of a complete development permit application in an 19

area of known historic/archaeological resources, the Shoreline Administrator 20

shall notify and request a recommendation from appropriate agencies such as 21

the Washington State Department of Archaeology and Historic Preservation, 22

and affected Tribe(s). Recommendations of such agencies and other affected 23

persons shall be duly considered and adhered to whenever possible and 24

reasonable. Notification shall include the following information: 25

a. The date of application, the date of notice of completion for the 26

application, and the date of the notice of application; 27

b. The date, time, place, and type of the hearing, if applicable, and 28

scheduled at the date of notice of the application; 29

c. A site map including the street address, tax parcel number, township, 30

range, and section of the proposed project area; 31

d. A description of the proposed project action and a list of the project 32

permits included in the application, and, if applicable, a list of any 33

studies requested by the Shoreline Administrator; 34

e. The identification of other permits not included in the application to the 35

extent known by the Shoreline Administrator; 36

f. The identification of existing environmental documents that evaluate the 37

proposed project and, if not otherwise stated on the document providing 38

April 2016


notice of application, the location where the application and any studies 1

can be reviewed; 2

g. Any other information determined appropriate by the Shoreline 3

Administrator; 4

h. A statement of the limits of the comment period, the right of each 5

agency to comment on the application within a 15-day time period, 6

receive notice of and participate in any hearings, request a copy of the 7

decision once made, and to appeal a decision when allowed by law. In 8

addition, the statement shall indicate that any agency wishing to receive 9

personal notice of any hearings must notify the hearing examiner’s 10

office within 15 days of the date of the notice of application. 11

4. In granting shoreline permits or statements of exemption for such development, 12

the Shoreline Administrator may attach conditions to require consultation with 13

the Washington State Department of Archaeology and Historic Preservation, 14

and affected Tribe(s), and to assure that historic/archaeological resources are 15

properly protected, or for appropriate agencies to contact property owners 16

regarding purchase or other long-term arrangements. Provision for the 17

protection and preservation of historic/archaeological sites, structures or areas 18

shall be incorporated to the maximum extent practicable. 19

C. Inadvertent Discovery 20

1. Whenever historic, cultural or archaeological sites or artifacts are discovered in 21

the process of development on shorelines, work on that portion of the 22

development site shall be stopped immediately and the find reported as soon as 23

possible to the Shoreline Administrator. 24

2. The Shoreline Administrator shall then notify the Washington State Department 25

of Archaeology and Historic Preservation, affected Tribe(s), and other 26

appropriate agencies and shall require that an immediate site assessment be 27

conducted by a professional archaeologist or historic preservation professional, 28

as applicable, pursuant to subsection B.1 of this section to the extent of damage 29

to the resource. The site assessment shall be distributed to the Washington State 30

Department of Archaeology and Historic Preservation, the affected Tribe(s) for 31

a 15-day review period. If the above listed agencies or governments have failed 32

to respond within the applicable review period following receipt of the site 33

assessment, such stopped work may resume. 34

3. If human remains are encountered, all activity must cease and the area must be 35

protected and the find reported to local law enforcement and the County coroner 36

or medical examiner. 37

Commented [A225]: Provisions recommended by DAHP.

April 2016


03.10.230 Environmental Protection 1

A. All project proposals, including those for which a Shoreline Substantial Development 2

Permit is not required, shall comply with RCW 43.21C, the Washington SEPA. 3

B. Applicants shall apply the following mitigation sequencing steps in order of priority to 4

avoid or minimize adverse effects and significant ecological impacts (with number 1 5

being top priority): 6

1. Avoid the adverse impact altogether by not taking a certain action or parts of an 7

action. 8

2. Minimize adverse impacts by limiting the degree or magnitude of the action and 9

its implementation by using appropriate technology or by taking affirmative 10

steps to avoid or reduce impacts. 11

3. Rectify the adverse impact by repairing, rehabilitating, or restoring the affected 12

environment to the conditions existing at the time of the initiation of the project. 13

4. Reduce or eliminate the adverse impact over time by preservation and 14

maintenance operations. 15

5. Compensate for the adverse impact by replacing, enhancing, or providing 16

substitute resources or environments. 17

6. Monitor the adverse impact and the compensation projects and take appropriate 18

corrective measures. 19

C. Projects that cause significant adverse environmental impacts, as defined in WAC 197-20

11-794 and SMP Section 03.10.860, Definitions, are not allowed unless mitigated 21

according to SMP Section 03.10.230(B) above, to avoid reduction or damage to 22

ecosystem-wide processes and ecological functions. As part of this analysis, the 23

applicant shall evaluate whether the project may adversely affect existing hydrologic 24

connections between streams and wetlands and either modify the project or mitigate 25

any impacts as needed. 26

D. When compensatory measures are appropriate pursuant to the mitigation priority 27

sequence in SMP Section 03.10.230(B), preferential consideration shall be given to 28

measures that replace the adversely impacted functions directly and in the immediate 29

vicinity of the adverse impact. However, alternative compensatory mitigation may be 30

authorized within the affected drainage area or watershed that addresses limiting factors 31

or identified critical needs for shoreline resource conservation based on watershed or 32

resource management plans, including the Shoreline Restoration Plan, applicable to the 33

area of adverse impact. Authorization of compensatory mitigation measures may 34

require appropriate safeguards, terms, or conditions as necessary to ensure no net loss 35

of ecological functions. 36

April 2016


03.10.240 Shoreline Vegetation Conservation 1

A. Vegetation conservation standards shall not apply retroactively to existing uses and 2

developments. Vegetation associated with existing structures, uses, and developments 3

may be maintained within shoreline jurisdiction as stipulated in the approval documents 4

for the development. 5

B. Regulations specifying establishment and management of shoreline buffers are located 6

in the SMP Article V, Critical Areas. Vegetation within shoreline buffers, other stream 7

buffers, and wetlands and wetland buffers shall be managed consistent with SMP 8

Article V, Critical Areas, and SMP Section 03.10.560 (A)(3). 9

C. Vegetation outside of shoreline buffers, other stream buffers, and wetlands and wetland 10

buffers within shoreline jurisdiction shall be managed according to this SMP Section 11

03.10.240, Environmental Protection, and any other regulations specific to vegetation 12

management contained in other chapters of this SMP. 13

D. Vegetation clearing outside of wetlands and wetland and stream buffers shall be limited 14

to the minimum necessary to accommodate approved shoreline development that is 15

consistent with all other provisions of this SMP. Mitigation sequencing per SMP 16

Section 03.10.230, Environmental Protection, shall be applied so that the design and 17

location of the structure or development minimizes native vegetation removal. 18

E. Removal of noxious weeds and other invasive species shall be incorporated in 19

management and mitigation plans, as necessary, to facilitate establishment of a stable 20

community of native plants. 21

03.10.250 Water Quality, Stormwater, and Nonpoint Pollution 22

A. The location, design, construction, and management of all shoreline uses and activities 23

shall protect the quality and quantity of surface and groundwater adjacent to the site. 24

B. When applicable, stormwater plans for all shoreline development should use the 25

technical design standards and best management practices (BMPs) recommended latest 26

version of Ecology's Stormwater Management Manual for Eastern Washington. 27

C. BMPs for control of erosion and sedimentation shall be implemented for all shoreline 28

development. 29

D. Potentially harmful materials, including, but not limited to, oil, chemicals, tires, or 30

hazardous materials, shall not be allowed to enter any body of water or wetland, or to 31

be discharged onto the land. Potentially harmful materials shall be maintained in safe 32

and leak-proof containers. 33

E. Within 25 feet of a waterbody, herbicides, fungicides, fertilizers, and pesticides shall be 34

applied in strict conformance to the manufacturer’s recommendations and in 35

accordance with relevant state and federal laws. Further, pesticides subject to the final 36

ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied within 60 feet 37

Commented [A226]: WAC 173-26-221(5)(c)

Establish vegetation conservation standards that implement the principles in WAC 173-26-221 (5)(b). Methods to do this may include setback or buffer requirements, clearing and grading standards, regulatory incentives, environment designation standards, or other master program provisions. Selective pruning of trees for safety and view protection may be allowed and the removal of noxious weeds should be authorized.

Commented [A227]: New veg management provisions based off SEWA SMP for consideration.

Commented [A228]: WAC 173-29-221(6) (b) Principles. Shoreline master programs shall, as stated in RCW 90.58.020, protect against adverse impacts to the public

health, to the land and its vegetation and wildlife, and to the waters of the state and their aquatic life, through implementation of the following principles: (i) Prevent impacts to water quality and storm water quantity that would result in a net loss of shoreline ecological functions, or a significant impact to aesthetic qualities, or recreational opportunities. (ii) Ensure mutual consistency between shoreline management provisions and other regulations that address water quality and storm water quantity, including public health, storm water, and water discharge standards. The regulations that are most protective of ecological functions shall apply.

Commented [A229]: Consistent with the County’s provisions in SCC 03.04.020 (D), Environmental Performance Standards –

stormwater.


April 2016


for ground applications or within 300 feet for aerial applications of the subject 1

waterbodies and shall be applied by a qualified professional in accordance with state 2

and federal law. 3

F. New development shall provide stormwater management facilities designed, 4

constructed, and maintained consistent with the latest version of the Ecology's 5

Stormwater Management Manual for Eastern Washington, including the use of BMPs, 6

or consistent with other technical guides based on the most current scientific and 7

technical information available. Additionally, new development shall implement low-8

impact development techniques where feasible and necessary to 9

1. Prevent impacts to water quality and storm water quantity that would result in a 10

net loss of shoreline ecological functions, or a significant impact to aesthetic 11

qualities, or recreational opportunities. 12

2. Ensure mutual consistency between shoreline management provisions and other 13

regulations that address water quality and storm water quantity, including public 14

health, storm water, and water discharge standards. The regulations that are 15

most protective of ecological functions shall apply. 16

G. For development activities with the potential for adverse impacts on water quality or 17

quantity in a stream or Fish and Wildlife Habitat Conservation Area, a Critical Areas 18

Report as prescribed in this SMP, Article V, Critical Areas, shall be prepared. Such 19

reports should discuss the project’s potential to exacerbate water quality parameters, 20

which are impaired, and for which total maximum daily loads for that pollutant have 21

been established, and prescribe any necessary mitigation and monitoring. 22

H. All materials that may come in contact with water shall be constructed of materials 23

such as untreated wood, concrete, and approved plastic composites or steel that will not 24

adversely affect water quality or aquatic plants or animals. Materials used for decking 25

or other structural components shall be approved by applicable state agencies for 26

contact with water to avoid discharge of pollutants from wave or boat wake splash, 27

rain, or runoff. Wood treated with creosote, copper chromium arsenic, or 28

pentachlorophenol is prohibited in shoreline waterbodies. 29

03.10.260 Public Access 30

A. Applicants required to provide shoreline public access shall provide physical access—31

or if this is not appropriate for safety or similar reasons, visual access—consistent with 32

the Partnership’s and other agencies’ management plans when applicable, unless 33

specifically exempted in this Section. Examples of physical and visual access are as 34

follows: 35

1. Visual Access. Visual public access may consist of view corridors, viewpoints, 36

or other means of visual access to shorelines of the state. 37

2. Physical Access. Physical public access may consist of a dedication of land or 38

easement and a physical improvement in the form of a walkway, trail, bikeway, 39

April 2016


park, boat or canoe and kayak launching ramp, dock area, view platform, public 1

right-of-way for county roads and state highways, or other areas serving as 2

means of physical approach to public waters. 3

B. Except as provided in SMP Section 03.10.260(C), new uses shall provide for safe and 4

convenient public access to and along the shoreline where any of the following 5

conditions are present: 6

1. The development is proposed by a public entity or on public lands. 7

2. The nature of the proposed use, activity, or development will likely result in an 8

increased demand for public access to the shoreline. 9

3. The proposed use, activity, or development is not a water-oriented or other 10

preferred shoreline use, activity, or development under the SMA, such as a non-11

water-oriented commercial or recreational use. 12

4. The proposed use, activity, or development may block or discourage the use of 13

customary and established public access paths, walkways, trails, public 14

transportation rights-of-way for roads and highways, or corridors. 15

5. The proposed use, activity, or development will interfere with the public use, 16

activity, and enjoyment of shoreline areas or waterbodies subject to the public 17

trust doctrine. 18

6. The proposed use, activity, or development includes key areas for public access 19

recommended in the Shoreline Restoration Plan (partial draft developed). 20

7. The proposed activity is a publicly financed shoreline erosion-control measure 21

that can accommodate public access without sacrificing long-term performance 22

of the control measure and public safety. 23

C. An applicant shall not be required to provide public access where one or more of the 24

following conditions apply, provided such exceptions shall not be used to prevent 25

implementing the access and trail provisions mentioned in local and other agencies’ 26

management plans. In determining the infeasibility, undesirability, or incompatibility 27

of public access in a given situation, the Partnership shall consider alternative methods 28

of providing public access, such as adjacent off-site improvements, viewing platforms, 29

separation of uses through site planning and design, and restricting hours of public 30

access. The conditions are as follows: 31

1. Proposed use, activity, or development involves single-family residential 32

development that does not reduce visual access to the shoreline from public 33

rights-of-way, including roads and highways, and the development involves 34

four or fewer single-family or multifamily dwellings. 35

2. Proposed use is agricultural/ranching/forestry activities. 36

Commented [A230]: WAC 173-26-221(4)(d)(i)

Based on the public access planning described in (c) of this subsection, establish policies and regulations that protect and enhance both physical and visual public access. The master program shall address public access on public lands. The master program should seek to increase the amount and diversity of public access to the state's shorelines consistent with the natural shoreline character, property rights, public rights under the Public Trust Doctrine, and public safety.

Commented [A231]: WAC 173-26-221(4)(d)(ii) (ii) Require that shoreline development by public entities, including local governments, port districts, state agencies, and public utility districts, include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment. Where public access planning as described in WAC 173-26-221 (4)(c) demonstrates that a more effective public access system can be achieved through alternate means, such as focusing public access at the most desirable locations, local governments may institute master program provisions for public access based on that approach in lieu of uniform site-by-site public access requirements.

Commented [A232]: WAC 173-26-221(4)(d)(iii) (iii)Provide standards for the dedication and improvement of public access in developments for water-enjoyment, water-related, and nonwater-dependent uses and for the subdivision of land into more than four parcels. In these cases, public access should be required except: (A) Where the local government provides more effective public access through a public access planning process described in WAC 173-26-221 (4)(c). (B) Where it is demonstrated to be infeasible due to reasons of incompatible uses, safety, security, or impact to the shoreline environment or due to constitutional or other legal limitations that may be applicable. In determining the infeasibility, undesirability, or incompatibility of public access in a given situation, local governments shall consider alternate methods of providing public access, such as offsite improvements, viewing platforms, separation of uses through site planning and design, and restricting hours of public access. (C) For individual single-family residences not part of a development planned for more than four parcels.

April 2016


3. Proposed use is within an area where public visual or physical access is not 1

present, and the use will not increase demand for public access or reduce public 2

access. 3

4. The nature of the use, activity, or development or the characteristics of the site 4

make public access requirements inappropriate due to health, safety (including 5

consistency with Crime Prevention Through Environmental Design [CPTED] 6

principles, where applicable), or environmental hazards. The proponent shall 7

carry the burden of demonstrating by substantial evidence the existence of 8

unavoidable or unmitigable threats or hazards to public health, safety, or the 9

environment that would be created or exacerbated by public access upon the 10

site. 11

5. An existing, new, or expanded road or utility crossing through shoreline 12

jurisdiction shall not create the need for public access if the development being 13

accessed or served by the road or utility is located outside of shoreline 14

jurisdiction. 15

6. The economic cost of providing for public access at the site is unreasonably 16

disproportionate to the total long-term economic value of the proposed use, 17

activity, or development. 18

7. Safe and convenient public access already exists in the general vicinity, such as 19

on the same reach of the stream or river, and/or the Partnership’s and agencies’ 20

plans show adequate public access at the property. 21

8. Public access has reasonable potential to threaten or harm the natural functions 22

and native characteristics of the shoreline and/or is deemed detrimental to 23

threatened or endangered species under the Endangered Species Act (ESA). 24

9. The site is within or part of an overall development, a binding site plan, or a 25

planned unit development which has previously provided public access 26

adequate to serve the project in full build-out through other application 27

processes. 28

D. Public access shall be located and designed to respect private property rights, be 29

compatible with the shoreline environment, protect ecological functions and processes, 30

protect aesthetic values of shoreline, and provide for public safety (including 31

consistency with CPTED principles, where applicable). 32

E. For any development where public access is not required, shared community access 33

may be allowed if there is no existing or planned public access along the shoreline 34

identified in the Partnership’s and other agencies’ plans. Where provided, community 35

access shall be subject to all applicable development standards of this Section. Shared 36

community access is not required when any of the conditions under SMP Section 37

03.10.260(C) applies. 38

F. General Performance Standards 39

April 2016


1. Uses, activities, and developments shall not interfere with the regular and 1

established public use. 2

2. Shoreline substantial development or conditional uses shall avoid or minimize 3

the impact on views of shoreline waterbodies from public land or substantial 4

numbers of residences. 5

3. Proponents shall include within their shoreline applications an evaluation of a 6

proposed use, activity, or development’s likely adverse impact on current public 7

access and future demands for access to the site. Such evaluation shall consider 8

potential alternatives and mitigation measures to further the policies of this SMP 9

and the provisions of this Section. 10

4. Public access easements, trails, walkways, corridors, and other facilities may 11

encroach upon any buffers or setbacks required in SMP Article V, Critical 12

Areas, or under other provisions of this SMP, provided that such encroachment 13

does not conflict with other policies and regulations of this SMP and no net loss 14

of ecological function can be achieved. Any encroachment into a buffer or 15

setback must be as close to the landward edge of the buffer as possible. 16

5. Public access facilities shall accommodate persons with disabilities, unless 17

determined physically or logistically infeasible by the Shoreline Administrator. 18

6. If a private or publicly owned building or structure of historic significance is 19

identified, public access shall be encouraged as appropriate for purposes of 20

public education; provided that: 21

a. the type and/or level of public access is consistent with the long term 22

protection of both historic resource values and shoreline ecological 23

functions; and 24

b. an access management plan is developed in accordance with site- and 25

resource- specific conditions in consultation with the Washington State 26

Department of Archaeology and Historic Preservation, the affected tribe, 27

and/or other agencies, as appropriate, to address the following: 28

i. hours of operation; 29

ii. entrance fees and/or permits; 30

iii. interpretive and/or directional signage; 31

iv. lighting; 32

v. pedestrian and handicap access; and/or 33

vi. traffic and parking. 34

Commented [A233]: WAC 173-26-221(4)(d)(v) Assure that public access improvements do not result in a net loss of shoreline ecological functions.

April 2016


7. For archaeological and cultural resource sites, the Washington State Department 1

of Archaeology and Historic Preservation, affected Tribe(s), and/or other 2

agencies, as appropriate, shall be in agreement prior to providing public access 3

to a site. An access and resource management plan shall be developed in 4

consultation with the Washington State Department of Archaeology and 5

Historic Preservation and the affected Tribe(s). 6

G. Trails 7

1. Existing improved and primitive public trails shall be maintained. 8

2. Where public access is to be provided by dedication of public access easements 9

along the OHWM, the minimum width of such easements shall be 20 feet. 10

3. The total width of trails, including shoulders in all environments except for 11

Natural environment, shall be 10 feet maximum or as required by Americans 12

with Disabilities Act (ADA) regulations. In Natural environment, only 13

primitive and low-impact trails shall be allowed with a maximum width of 5 14

feet. 15

4. Pervious surfaces are encouraged for all trails. 16

5. Trails should make use of an existing constructed grade such as those formed by 17

an abandoned rail grade, road, or utility when feasible. 18

6. Trails shall be located, constructed, and maintained so as to avoid, to the 19

maximum extent possible, removal and other impacts to perennial native 20

vegetation consistent with a Habitat Management Plan. 21

7. Trails on private properties and not open for public use may be up to 5 feet wide 22

or the minimum required by ADA regulations, as applicable, and shall meet 23

applicable setbacks from the OHWM. 24

H. Rights-of-way, Easements, and Streets for Public Access 25

1. The Partnership shall maintain public rights of ways or easements as a means of 26

retaining public access on the shoreline. Proposed use, activity, or 27

developments shall maintain public access provided by public street ends, 28

public utilities, and rights-of-way. 29

2. The public easements required pursuant to this Section, for the purpose of 30

providing access across or through the site to the OHWM, shall be maintained 31

by the property owner to provide for reasonable and safe public access to the 32

OHWM. 33

I. Where public access routes terminate, connections should be made with the nearest 34

public street unless determined by the Shoreline Administrator to be infeasible. Public 35

access facilities required for an approved or permitted use, activity, or development 36

Commented [A234]: Partnership/Planning Commission to confirm.. This is DAHP recommended provisions.

April 2016


shall be completed prior to occupancy and use of the site or operation of the activity. 1

Public access shall make adequate provisions, such as screening, buffer strips, fences, 2

and signs, to prevent trespass upon adjacent properties and to protect the value and 3

enjoyment of adjacent or nearby private properties and natural areas. 4

J. Off-site public access may be permitted by the Shoreline Administrator where it results 5

in an equal or greater public benefit than on-site public access, or when on-site 6

limitations of security, environment, compatibility, or feasibility are present. Off-site 7

public access may include, but is not limited to, adequate access on public lands in 8

proximity to the site, opportunity to increase public lands and access with adjoining or 9

proximate public area, enhancing a County- or City-designated public property (e.g., 10

existing public recreation site, existing public access, road abutting a body of water, or 11

similar) in accordance with local standards, or other related measures. 12

K. Signage 13

1. Signage to be approved by the Shoreline Administrator shall be conspicuously 14

installed along public access easements, trails, walkways, corridors, and other 15

facilities to indicate the public’s right of use and the hours of operation. Public 16

access and interpretive displays may be provided for publicly funded restoration 17

projects where significant ecological impacts are addressed. The proponent 18

shall bear the responsibility for establishing and maintaining signs. 19

2. The Shoreline Administrator may require the proponent to post signage 20

restricting or controlling the public’s access to specific shoreline areas. The 21

proponent shall bear the responsibility for establishing and maintaining such 22

signage. 23

3. All signs shall be located and designed to minimize interference vistas, 24

viewpoints, and visual access to shoreline. 25

4. Over-water signs should be related to water-dependent uses only and shall be on 26

floats, piles, or part of the water-dependent use. 27

28

03.10.270 Flood Hazard Reduction 29

A. Development in floodplains shall avoid significantly or cumulatively increasing flood 30

hazards. Development shall be consistent with this SMP, as well as applicable 31

guidelines of FEMA and SMP Section 03.10.540, Frequently Flooded Areas, and the 32

Stevens County Flood Damage Prevention Ordinance. 33

B. The channel migration zone (CMZ) is considered to be that area of a stream channel 34

that may erode as a result of normal and naturally occurring processes and has been 35

mapped consistent with WAC 173-26-221(3)(b). Applicants for shoreline development 36

or modification may submit a site-specific CMZ study if they believe these conditions 37

do not exist on the subject property and the map is in error. The CMZ study must be 38

Commented [A235]: WAC 173-26-221(3)

April 2016


prepared consistent with WAC 173-26-221(3)(b), and may include, historical aerial 1

photographs, topographic mapping, flooding records, and field verification. The CMZ 2

must be prepared by a licensed geologist or engineer with at least 5 years of applied 3

experience in assessing fluvial geomorphic processes and channel response. 4

C. The following uses and activities may be authorized within the CMZ or floodway: 5

1. New development or redevelopment landward of existing legal, publicly owned, 6

and maintained structures, such as levees, that prevent active channel movement 7

and flooding. 8

2. Development of new or expansion or redevelopment of existing bridges, utility 9

lines, public stormwater facilities and outfalls, and other public utility and 10

transportation structures where no other feasible alternative exists or the 11

alternative would result in unreasonable and disproportionate costs. The 12

evaluation of cost differences between options within the CMZ or floodway and 13

outside of the CMZ or floodway shall include the cost of design, permitting, 14

construction, and long-term maintenance or repair. For the purposes of this 15

section “unreasonable and disproportionate” means that locations outside of the 16

floodway or CMZ would add more than 20 percent to the total project cost. 17

Where such structures are allowed, mitigation shall address impacted functions 18

and processes in the affected shoreline. 19

3. New or redeveloped measures to reduce shoreline erosion, provided that it is 20

demonstrated that the erosion rate exceeds that which would normally occur in a 21

natural condition, that the measures do not interfere with fluvial hydrological 22

and geo-morphological processes normally acting in natural conditions, and that 23

the measures include appropriate mitigation of adverse impacts on ecological 24

functions associated with the river or stream. 25

4. Actions that protect or restore the ecosystem-wide processes or ecological 26

functions or development with a primary purpose of protecting or restoring 27

ecological functions and ecosystem-wide processes. 28

5. Mining when conducted in a manner consistent with SMP 03.10.390, Mining, 29

and the shoreline environment designation. 30

6. Modifications or additions to an existing non-agricultural legal use, provided 31

that channel migration is not further limited and that the modified or expanded 32

development includes appropriate protection of ecological functions. 33

7. Repair and maintenance of existing legally established use and developments, 34

provided that channel migration is not further limited, flood hazards to other 35

uses are not increased, and significant adverse ecological impacts are avoided. 36

8. Existing and ongoing agricultural activities provided that no new restrictions to 37

channel movement are proposed. 38

Commented [A236]: WAC 173-26-221(3)(c)

Commented [A237]: Repair and maintenance of an existing legal use, provided that such actions do not cause significant ecological impacts or increase flood hazards to other uses.

Commented [A238]: Bridges, utility lines, and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate cost. Where such structures are allowed, mitigation shall address impacted functions and processes in the affected section of watershed or drift cell.

Commented [A239]: Measures to reduce shoreline erosion, provided that it is demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, that the measure does not interfere with fluvial hydrological and geomorphological processes normally acting in natural conditions, and that the measure includes appropriate mitigation of impacts to ecological functions associated with the river or stream.

Commented [A240]: Actions that protect or restore the ecosystem-wide processes or ecological functions.

Commented [A241]: Mining when conducted in a manner consistent with the environment designation

Commented [A242]: Modifications or additions to an existing nonagricultural legal use, provided that channel migration is not further limited and that the new development includes appropriate protection of ecological functions.

Commented [A243]: Repair and maintenance of an existing legal use, provided that such actions do not cause significant ecological impacts or increase flood hazards to other uses.

Commented [A244]: Existing and ongoing agricultural practices, provided that no new restrictions to channel movement occur.

April 2016


D. Existing structural flood hazard reduction measures, such as levees, may be repaired 1

and maintained as necessary to protect legal uses on the landward side of such 2

structures. Increases in height of an existing levee, with any associated increase in 3

width, that may be needed to prevent a reduction in the authorized level of protection of 4

existing legal structures and uses shall be considered an element of repair and 5

maintenance. 6

E. Flood hazard reduction measures shall not result in channelization of normal stream 7

flows, interfere with natural hydraulic processes such as channel migration, or 8

undermine existing structures or downstream banks. 9

F. New development and subdivisions. Approve new development or subdivisions when 10

it can be reasonably foreseeable that the development or use would not require 11

structural flood hazard reduction measures within the CMZ or floodway during the life 12

of the development or use consistent with the following (WAC 173‐26‐ 221(3)(c)(i)): 13

1. Floodway: 14

a. New development and subdivisions shall be subject to applicable 15

floodway regulations in SMP 03.10.550, Frequently Flooded Areas, and 16

Stevens County Code 03.10, Flood Damage Prevention. 17

2. Channel Migration Zone (CMZ): 18

a. New development in the CMZ is allowed subject to the following 19

conditions: 20

i. Structures are located on an existing legal lot created prior to 21

effective date of this program; 22

ii. A feasible alternative location outside of the CMZ is not available 23

on site; and 24

iii. To the extent feasible, the structure and supporting infrastructure is 25

located the farthest distance from the OHWM, unless the applicant 26

can demonstrate that an alternative location is the least subject to 27

risk. 28

b. New subdivisions in the CMZ may be allowed subject to the following 29

conditions: 30

i. All lots contain 5,000 square feet or more of buildable land outside 31

of the CMZ; 32

ii. Access to all lots does not cross the CMZ; and 33

iii. All infrastructure is located outside the CMZ, except that an on-34

site septic system is allowed in the CMZ if: a feasible alternative 35

April 2016


location is not available on-site, and to the maximum extent 1

practical, the septic system is located the farthest distance from the 2

OHWM. 3

G. New public and private structural flood hazard reduction measures shall be approved 4

when a scientific and engineering analysis demonstrates the following: 5

1. They are necessary to protect existing development; 6

2. Non-structural measures, such as setbacks, land use controls, wetland 7

restoration, dike removal, use or structure removal or relocation, biotechnical 8

measures, and stormwater management programs are not feasible; 9

3. Adverse impacts on ecological functions and priority species and habitats can be 10

successfully mitigated so as to ensure no net loss; and 11

4. Appropriate vegetation conservation actions are undertaken consistent with 12

SMP 03.10.240, Shoreline Vegetation Conservation. 13

H. Flood hazard reduction measures shall be placed landward of associated wetlands and 14

designated shoreline buffers, except for actions that increase ecological functions, such 15

as wetland restoration, or when no other alternative location to reduce flood hazard to 16

existing development is feasible as determined by the Shoreline Administrator. 17

I. New public structural flood hazard reduction measures, such as levees, shall dedicate 18

and improve public access pathways unless public access improvements would cause 19

unavoidable health or safety hazards to the public, inherent and unavoidable security 20

problems, unacceptable and unmitigable significant adverse ecological impacts, 21

unavoidable conflict with the proposed use, or a cost that is disproportionate and 22

unreasonable to the total long-term cost of the development. 23

J. In those instances where management of vegetation as required by this SMP conflicts 24

with vegetation provisions included in state, federal, or other flood hazard agency 25

documents governing the Partnership’s-authorized, legal flood hazard reduction 26

measures, the vegetation requirements of this SMP will not apply. However, the 27

applicant shall submit documentation of these conflicting provisions with any shoreline 28

permit applications and shall comply with all other provisions of this section and this 29

SMP that are not strictly prohibited by the approving flood hazard agency. 30

K. The removal of gravel or other riverbed material for flood management purposes shall 31

be consistent with the SMP 03.10.350, Dredging and Dredge Material Disposal, and 32

SMP 03.10.390, Mining, and must also demonstrate extraction will have a long-term 33

benefit to flood hazard reduction and not result in a net loss of ecological functions. 34

L. Roads shall be located outside the floodway, except necessary crossings, which shall be 35

placed perpendicular to the waterbody as much as is physically feasible. New 36

transportation facilities shall be designed so that the effective base flood storage 37

volume of the floodplain is not reduced. The applicant shall provide all necessary 38

Commented [A245]: WAC 173-26-221(3)(c)(ii) Allow new structural flood hazard reduction measures in shoreline jurisdiction only when it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are not feasible, that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss, and that appropriate vegetation conservation actions are undertaken consistent with WAC 173-26-221(5).

Commented [A246]: WAC 173-26-221(3)(c)(iii) Place new structural flood hazard reduction measures landward of the associated wetlands, and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration, or as noted below. Provided that such flood hazard reduction projects be authorized if it is determined that no other alternative to reduce flood hazard to existing development is feasible. The need for, and analysis of feasible alternatives to, structural improvements shall be documented through a geotechnical analysis.

Commented [A247]: WAC 173-26-221(3)(c)(vi) Require that new structural public flood hazard reduction measures, such as dikes and levees, dedicate and improve public access pathways unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and unmitigable significant ecological impacts, unavoidable conflict with the proposed use, or a cost that is disproportionate and unreasonable to the total long-term cost of the development.

Commented [A248]: WAC 173-26-221(3)(c)(v)

Require that the removal of gravel for flood management purposes be consistent with an adopted flood hazard reduction plan and with this chapter and allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution.

April 2016


studies, reports, and engineering analysis which shall be subject to review and 1

modification by the Shoreline Administrator. If proposed transportation facilities 2

effectively provide flood control, they shall comply with policies and regulations of this 3

section. 4

5

April 2016


Article IV. Shoreline Modifications and Use Regulations 1

03.10.300 Agriculture 2

A. This SMP shall not require modification of or limit agricultural activities occurring on 3

agricultural lands consistent with RCW 90.58.065. 4

B. For shoreline areas used for agriculture, new uses, activities, and development that are 5

not existing and ongoing agriculture shall be subject to the following requirements: 6

1. Such uses, activities, and development shall be allowed or permitted in a 7

manner to ensure maintenance of ecological functions and be consistent with the 8

Partnership’s land use plan. 9

2. If the new use, activity, or development is more intensive than the existing land 10

use, no significant vegetation removal, development, or grading shall occur in 11

the shoreline buffer without associated mitigation, except as necessary to 12

accommodate low-intensity, water-dependent uses and public access that 13

sustains ecological functions. 14

3. New agricultural lands created by diking, draining, or filling wetlands or CMZs 15

shall not be allowed. 16

C. A Substantial Development Permit shall be required for all new agricultural 17

developments not specifically exempted by the provisions of SMP Section 18

03.10.770(D)(5), except for agricultural developments in Shoreline Residential 19

environment designation where a Shoreline Conditional Use Permit shall be required. 20

D. SMP provisions shall apply in the following cases: 21

1. New agricultural activities on land not meeting the definition of agricultural 22

land 23

2. Expansion of agricultural activities on non-agricultural lands 24

3. Conversion of agricultural lands to other uses 25

4. Other development on agricultural land that does not meet the definition of 26

agricultural activities 27

5. Agricultural development and uses not specifically exempted by the SMA 28

E. New non-agricultural activities proposed on agricultural lands shall be consistent with 29

the environment designation and the Shoreline Use and Modification Matrix table in 30

SMP Section 03.10.200, as well as other applicable shoreline use standards (e.g., 31

commercial [SMP Section 03.10.340] or residential [SMP Section 03.10.420]). 32

Commented [A249]: WAC 173-26-241(3)(a)

Commented [A250]: WAC 173-26-241(3)(a)(ii)

Commented [A251]: WAC 173-26-241(3)(a)(v)

New agricultural activities or activities that meet the definition of agricultural activities but are proposed on land not currently in agricultural use. Master programs shall include provisions for new agricultural activities to assure that: (A) Specific uses and developments in support of agricultural use are consistent with the environment designation in which the land is located. (B) Agricultural uses and development in support of agricultural uses, are located and designed to assure no net loss of ecological functions and to not have a significant adverse impact on other shoreline resources and values.

Commented [A252]: WAC 173-26-241(3)(a)(v) And

WAC 173-26-241(3)(a)(vi)

Master programs shall include provisions to assure that development on agricultural land that does not meet the definition of agricultural activities, and the conversion of agricultural land to nonagricultural uses, shall be consistent with the environment designation, and the general and specific use regulations applicable to the proposed use and do not result in a net loss of ecological functions associated with the shoreline.

Commented [A253R252]: Not sure if the last part of this is completely covered by this section

April 2016


F. Agricultural uses and developments in support of agricultural uses shall be located and 1

designed to ensure no net loss of ecological functions and no significant adverse impact 2

on other shoreline resources and values. 3

G. New feedlots are prohibited in critical area buffers. Feed lots shall be located in such a 4

manner as to prevent waste runoff from entering waterbodies or groundwater. 5

H. Agricultural uses and activities shall prevent and control erosion of soils and bank 6

materials within shoreline areas. They shall minimize siltation, turbidity, pollution, and 7

other environmental degradation of watercourses and wetlands. 8

I. Agricultural chemicals shall be applied in a manner consistent with BMPs for 9

agriculture and SMP Section 03.10.250, Water Quality, Stormwater, and Nonpoint 10

Pollution. 11

J. New agricultural activities shall not remove existing native or non-native vegetation, 12

except for noxious or invasive weedy vegetation, between all cropland or pasture areas 13

and adjacent waters or wetlands consistent with provisions of this SMP. 14

K. Agricultural development shall conform to applicable state and federal policies and 15

regulations. 16

03.10.310 Aquaculture 17

A. Non-commercial aquaculture undertaken for conservation or native species 18

enhancement, or for recreational fisheries purposes, is a preferred use within the 19

Partnership's shorelines. Allowed fisheries' aquaculture facilities shall include net pens 20

in existing waterbodies, hatcheries, rearing ponds, spawning channels, water diversion 21

structures, and groundwater wells, provided that their construction does not result in a 22

net loss of ecological function. 23

B. Aquaculture for non-native species or for commercial or other purposes shall require a 24

Shoreline Conditional Use Permit. 25

C. Proponents of an aquaculture use or activity shall supply, at a minimum, the following 26

information in their application for shoreline permit(s): 27

1. Species to be reared 28

2. Aquaculture method(s) 29

3. Anticipated use of any feeds, pesticides, herbicides, antibiotics, vaccines, 30

growth stimulants, anti-fouling agents or other chemicals, and their predicted 31

adverse impacts 32

4. Harvest and processing method and timing 33

5. Method of waste management and disposal 34

Commented [A254]: WAC 173-26-241(3)(a)(v)

Measures appropriate to meet these requirements include provisions addressing water quality protection, and vegetation conservation, as described in WAC 173-26-220 (5) and (6).

Requirements for buffers for agricultural development shall be based on scientific and technical information and management practices adopted by the applicable state agencies necessary to preserve the ecological functions and qualities of the shoreline environment.


April 2016


6. Best available background information and probable adverse impacts on water 1

quality, biota, and any existing shoreline or water uses 2

7. Method(s) of predator control 3

8. A description of the proposed use of lights and noise-generating equipment and 4

an assessment of adverse impacts upon surrounding uses 5

9. Other pertinent information as required by the Shoreline Administrator 6

D. Aquacultural activities shall meet all applicable federal, state, and county standards and 7

regulations. 8

E. No garbage, wastes, or debris shall be allowed to accumulate upon the site of any 9

aquaculture use or activity, nor discharged to any waterbody regulated by this SMP. 10

F. No pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents, 11

or other chemicals shall be used until approved by all appropriate state and federal 12

agencies. Those agencies shall include the WDFW, Washington State Department of 13

Agriculture, Ecology, and the U.S. Food and Drug Administration. Evidence of such 14

approval shall be submitted to the Shoreline Administrator. 15

G. Aquaculture structures and equipment that come in contact with the water shall contain 16

no substances that are toxic to aquatic life, and aquaculture activities that would 17

degrade water quality shall be prohibited. 18

H. Aquaculture activities shall be subject to conditions and requirements for mitigation to 19

ensure that they do not result in a net loss of ecological function. 20

I. Aquaculture projects shall be located in areas that do not impact navigation, public 21

access, or normal public use of the water. 22

J. Aquaculture facilities shall be designed to minimize nuisance, odors, and noise, as well 23

as minimize visual impacts on surrounding shoreline development. 24

03.10.320 Boating Facilities 25

A. General Requirements: 26

1. All boating uses, development, and facilities shall protect the rights of 27

navigation. 28

2. Boating facilities shall be sited and designed to ensure no net loss of shoreline 29

ecological functions and shall meet DNR and USACE requirements and other 30

state guidance if located in or over state-owned aquatic lands. 31

3. Boating facilities shall be located on stable shorelines in areas where the 32

following requirements are met: 33

Commented [A255]: WAC 173-26-241(3)(b) (C)Aquaculture should not be permitted in areas where it would result in a net loss of ecological functions, adversely impact eelgrass and macroalgae, or significantly conflict with navigation and other water-dependent uses. Aquacultural facilities should be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline. Impacts to ecological functions shall be mitigated according to the mitigation sequence (D) Local government should ensure proper management of upland uses to avoid degradation of water quality of existing shellfish areas.

Commented [A256]: WAC 173-26-241(3)(c)

Commented [A257]: (vii) Regulations to protect the rights of navigation.

Commented [A258]: WAC 173-26-241(3)(c)

Commented [A259]: WAC 173-26-241(3)(c)(i) Provisions to ensure that boating facilities are located only at sites with suitable environmental conditions, shoreline configuration, access, and neighboring uses.

April 2016


a. Such facilities will not adversely affect flood channel capacity or 1

otherwise create a flood hazard. 2

b. Water depths are adequate to minimize spoil disposal, filling, beach 3

enhancement, and other channel maintenance activities. 4

c. Water depths are adequate to prevent the structure from grounding out at 5

the lowest low water or else stoppers are installed to prevent grounding 6

out. 7

4. Do not locate boating facilities in either of the following areas: 8

a. Where new dredging will be required 9

b. Where wave action caused by boating use would increase bank erosion 10

rates, unless no-wake zones are implemented at the facility 11

5. Locate boating uses and facilities far enough away from public swimming 12

beaches and aquaculture harvest areas to alleviate any aesthetic or adverse 13

impacts, safety concerns, and potential use conflicts. 14

6. Schedule in-water work to protect biological productivity, including, but not 15

limited to, fish runs, spawning, and benthic productivity. 16

7. Accessory uses at boating facilities are to meet the following requirements: 17

a. Be limited to supporting water-oriented uses, (for example, a minor 18

accessory building), including uses that provide physical or visual 19

shoreline public access) 20

b. Be located as far landward as possible while still serving their intended 21

purposes 22

8. Landscape or screen parking and storage areas to provide visual and noise 23

buffering between adjacent dissimilar uses or scenic areas. 24

9. Locate boating facilities where access roads are adequate to handle the traffic 25

generated by the facility and so that lawful existing or planned public shoreline 26

access is not unnecessarily blocked, obstructed, or made dangerous. 27

10. Joint-use moorage with ten or more berths is regulated under this Section as a 28

marina (see SMP Section 03.10.320 [C]). Joint-use moorage with fewer than 29

ten berths is regulated under this Section as a dock or pier. 30

11. All marinas and public launch facilities should provide at least portable 31

restroom facilities for boaters’ use that are clean, well-lit, safe, and convenient 32

for public use. 33

Commented [A260]: (iii) Regulations to avoid, or if that is not possible, to mitigate aesthetic impacts.

Commented [A261]: (vi) Regulations that assure that the development of boating facilities, and associated and accessory uses, will not result in a net loss of shoreline ecological functions or other significant adverse impacts.

Commented [A262]: (ii) Provisions that assure that facilities meet health, safety, and welfare requirements. Master programs may reference other regulations to accomplish this requirement.

April 2016


12. Install boat waste disposal facilities, such as pump-outs and portable dump 1

stations at all marinas and also encourage these facilities at public boat launches 2

to the extent possible. The locations of such facilities shall be considered on an 3

individual basis in consultation with the Washington State Department of 4

Health, Ecology, DNR, Washington State Parks, and WDFW, as necessary. 5

13. Place all utilities at or below dock levels or below ground, as appropriate. 6

14. When appropriate, marinas and boat launch facilities should install public safety 7

signs, to include the locations of fueling facilities, pump-out facilities, and 8

locations for proper waste disposal. 9

15. Construct boating facilities of materials that will not adversely affect water 10

quality or aquatic plants and animals over the long term. Materials used for 11

submerged portions, decking, and other components that may come in contact 12

with water shall be approved by applicable state agencies for use in water to 13

avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated 14

with creosote, copper chromium, arsenic, pentachlorophenol, or other similarly 15

toxic materials is prohibited for use in moorage facilities. 16

16. Boating facilities in waters providing a public drinking water supply should be 17

constructed of untreated materials such as untreated wood, approved plastic 18

composites, concrete, or steel (see SMP Section 03.10.250, Water Quality, 19

Stormwater, and Nonpoint Pollution). 20

17. Restrict vessels from extended mooring on waters of the state except as allowed 21

by state regulations and provided that a lease or permission is obtained from the 22

state and impacts to navigation and public access are mitigated. 23

B. Boat Launch Facilities 24

1. Public boat launch facilities may be allowed in areas where no launching 25

opportunities exist within close proximity of a site (within less than 2 miles 26

distance by road to a waterbody launch site). 27

2. Design and construct boat launch and haul-out facilities (e.g., ramps, marine 28

travel lifts, and marine railways) and minor accessory buildings in a manner that 29

minimizes adverse impacts on fluvial processes, biological functions, aquatic 30

and riparian habitats, water quality, navigation, and neighboring uses. 31

3. Design and construct boat launch facilities using methods/technology that have 32

been recognized and approved by state and federal resource agencies as the best 33

currently available. 34

4. Motorized boat ramps, when allowed on privately owned, non-commercial 35

properties, shall demonstrate that other public launch sites are not readily 36

accessible, the launch site footprint has been reduced to the minimum area 37

Commented [A263]: (ii) Provisions that assure that facilities meet health, safety, and welfare requirements. Master programs may reference other regulations to accomplish this requirement.

Commented [A264]: (viii) Regulations restricting vessels from extended mooring on waters of the state except as allowed by applicable state regulations and unless a lease or permission is obtained from the state and impacts to navigation and public access are mitigated.

Commented [A265]: (vi) Regulations that assure that the development of boating facilities, and associated and accessory uses, will not result in a net loss of shoreline ecological functions or other significant adverse impacts.

April 2016


necessary, and impacts will be mitigated according to SMP Section 03.10.230, 1

Environmental Protection. 2

C. Marinas 3

1. Marinas shall be designed to meet all of the following requirements: 4

a. Provide flushing of all enclosed water areas 5

b. Allow the free movement of aquatic life in shallow water areas 6

c. Avoid and minimize any interference with geohydraulic processes and 7

disruption of existing shore forms 8

2. Open pile or floating breakwater designs shall be used unless it can be 9

demonstrated that riprap or other solid construction would not result in any 10

greater net impacts to shoreline ecological functions, processes, fish passage, or 11

shore features. 12

3. Wet-moorage marinas shall locate a safe distance from domestic sewage or 13

industrial waste outfalls. 14

4. To the maximum extent possible, marinas and accessory uses shall share 15

parking facilities. 16

5. New marina development shall provide public access amenities such as 17

viewpoints, interpretive displays, and public access to accessory 18

water-enjoyment uses (e.g., restaurants). 19

6. If a marina is to include gas and oil handling facilities, such facilities shall be 20

separate from main centers of activity in order to minimize the fire and water 21

pollution hazards, and to facilitate fire and pollution control. Marinas shall have 22

adequate facilities and procedures for fuel handling and storage and the 23

containment, recovery, and mitigation of spilled petroleum, sewage, toxic 24

products, and other potentially harmful or hazardous materials. 25

7. The marina operator shall be responsible for the collection and dumping of 26

sewage, solid waste, and petroleum waste. 27

D. Multi-family residences, hotels, motels, and other commercial developments proposing 28

to provide moorage facilities shall meet the criteria for a marina. Use of the moorage 29

must be open to the general public on the same basis as residents or occupants and shall 30

provide public access. If approved, no more than one joint-use moorage facility may be 31

provided for a parcel or development. 32

E. Applications for docks or piers serving single commercial or industrial enterprises shall 33

demonstrate that the following requirements are met: 34

Commented [A266]: (iv) Provisions for public access in new marinas, particularly where water-enjoyment uses are associated with the marina, in accordance with WAC 173-26-221(4).



April 2016


1. The facility serves a water-dependent use. 1

2. The facility is the minimum size required to serve the proposed use, provided 2

that provisions for expansion or future joint use may be provided. 3

3. The facility minimizes impacts to the extent feasible. 4

Where impacts are unavoidable, the facility mitigates impacts to navigation; 5

aquatic habitat; upland habitat; public access to the water for recreation, fishing, 6

and similar use; and public access to publicly accessible lands below the OHWM. 7

F. Commercial or industrial moorage facilities shall demonstrate that the following 8

requirements are met: 9

1. The dock or pier shall be the minimum length required to serve the use. 10

2. Access from the shore to piers or floats shall minimize water cover in order to 11

minimize impacts to shallow water habitat. 12

3. Piers and ramps shall be elevated to provide the maximum feasible light 13

penetration. 14

4. Grating or clear translucent material shall be used to the maximum extent 15

feasible to provide light penetration. 16

5. Floats shall be constructed and attached so that they do not ground out on the 17

substrate. 18

6. Pile spacing shall be the maximum feasible to minimize shading and avoid a 19

“wall” effect that would block or baffle wave patterns, currents, littoral drift, or 20

movement of aquatic life forms or result in structural damage from driftwood 21

impact or entrapment. 22

7. Pile diameter shall be minimized while meeting structural requirements. 23

G. Covered structures may be permitted only to serve a water-dependent use where it is 24

demonstrated that adequate upland sites are not feasible, and it is demonstrated that the 25

area covered is the minimum necessary to serve the use. 26

03.10.330 Breakwater, Jetties, Groins, and Weirs 27

A. Breakwaters shall be allowed in environments defined in SMP Section 03.10.200 (B), 28

Shoreline Use and Modification Matrix, with a Shoreline Conditional Use Permit. 29

B. New, expanded, or replacement groins and weirs shall only be permitted if the applicant 30

demonstrates that the proposed groin or weir will not result in a net loss of shoreline 31

ecological functions and the structure is necessary for water-dependent uses, public 32

access, shoreline stabilization, or other specific public purposes. 33

Commented [A267]: WAC 173-26-231(3)(d)

Commented [A268]: Breakwaters, jetties, groins, and weirs located waterward of the ordinary high-water mark shall be allowed only where necessary to support water-dependent uses, public access, shoreline stabilization, or other specific public purpose.

April 2016


C. Groins and weirs shall require a Conditional Use Permit, except when such structures 1

are installed to protect or restore ecological functions, such as installation of groins that 2

may eliminate or minimize the need for hard shoreline stabilization. 3

D. Groins and weirs shall be located, designed, constructed, and operated consistent with 4

mitigation sequencing principles, including avoiding critical areas, as provided in SMP 5

Section 03.10.230, Environmental Protection, and SMP, Article V, Critical Areas. 6

03.10.340 Commercial Development 7

A. Water-dependent commercial development shall be given priority over 8

non-water-dependent commercial uses within shoreline environments. Secondarily, 9

water-related and water-oriented uses shall be given priority over non-water-oriented 10

commercial uses. 11

B. Non-water-oriented commercial uses shall be allowed if they can demonstrate at least 12

one or more of the following requirements: 13

1. The commercial use is part of a mixed-use project that includes 14

water-dependent uses and provides a significant public benefit with respect to 15

the objectives of the SMA. 16

2. Navigability is severely limited at the proposed site. 17

3. The commercial use is physically separated from the shoreline by another 18

property, public right-of-way, or levee. 19

4. The commercial use is farther upland than 200 feet from the OHWM; therefore, 20

a water-oriented use is not a viable option. 21

C. Non-water-oriented uses, including, but not limited to, residential uses, may be located 22

with water-oriented commercial uses provided the following requirements are met: 23

1. The mixed-use project includes one or more water-dependent uses. 24

2. Water-dependent commercial uses, as well as other water-oriented commercial 25

uses, have preferential locations along the shoreline. 26

3. The underlying land use permits residential uses together with commercial uses. 27

4. Public access is provided and/or ecological restoration is provided as a public 28

benefit. 29

D. The Shoreline Administrator shall use the following criteria in its review of all 30

commercial development applications: 31

1. Whether there is a water-oriented aspect of the proposed commercial use or 32

activity when it is located within 200 feet of the OHWM 33

Commented [A269]: Breakwaters, jetties, groins, weirs, and similar structures should require a conditional use permit, except for those structures installed to protect or restore ecological functions, such as woody debris installed in streams.

Commented [A270]: Breakwaters, jetties, groins, and weirs shall be designed to protect critical areas and shall provide for mitigation according to the sequence defined in WAC 173-26-201 (2)(e).

Commented [A271]: WAC 173-26-241(3)(d)

Commented [A272]: WAC 173-26-241(3)(d)

Commented [A273]: WAC 173-26-241(3)(d)



April 2016


2. Whether the proposed commercial use is consistent with the Shoreline Use and 1

Modification Matrix in SMP Section 03.10.200 2

3. Whether the application has the ability to enhance compatibility with the 3

shoreline environment and adjacent uses 4

4. Whether adequate provisions are made for public and private visual and 5

physical shoreline access 6

5. Whether the application makes adequate provisions to prevent adverse 7

environmental impacts and provides for shoreline ecological or critical area 8

mitigation, where appropriate 9

E. Commercial development shall be designed and maintained in a manner compatible 10

with the character and features of surrounding areas. Developments should incorporate 11

low-impact development techniques into new developments. Architectural and 12

landscape elements should be employed that recognize the river and lake environments. 13

The local government may prescribe and modify project dimensions, screening 14

standards, setbacks, or operation intensities to achieve this purpose. 15

F. Eating and drinking facilities and lodging facilities shall be oriented to provide views to 16

the waterfront when such view is available from the site. 17

G. Commercial uses shall provide for public access as a condition of approval, unless such 18

public access is demonstrated by the proponent to be infeasible or inappropriate for the 19

shoreline pursuant to SMP Section 03.10.260, Public Access. 20

H. Commercial uses shall provide for suitable measures to rehabilitate and enhance the 21

shoreline ecology as a condition of approval. 22

I. Non-water-oriented commercial uses shall not be allowed over water in any shoreline 23

environment. 24

J. All commercial loading and service areas shall be located upland or away from the 25

shoreline. Provisions shall be made to screen such areas with walls, fences, and 26

landscaping and to minimize aesthetic impacts. 27

K. The storage of potentially hazardous or dangerous substances or wastes is prohibited in 28

the floodway or within 200 feet of the OHWM, whichever boundary extends farthest 29

landward. 30

L. Development shall be located, designed, and constructed in a manner that ensures no 31

net loss of shoreline ecological functions and without adverse impacts on other 32

preferred land uses and public access features. 33

03.10.350 Dredging and Dredge Material Disposal 34

A. Dredging 35

Commented [A274]: WAC 173-26-241(3)(d)

Commented [A275]: WAC 173-26-231(3)(f)

April 2016


1. New dredging shall be permitted only where it is demonstrated that the 1

proposed water-dependent or water-related uses will not result in ongoing 2

adverse impacts to water quality, shoreline ecological functions, Fish and 3

Wildlife Habitat Conservation Areas and other critical areas, flood holding 4

capacity, natural fluvial processes, drainage and water circulation patterns, 5

significant plant communities, prime agricultural land, and public access to 6

shorelines. When such impacts are unavoidable, they shall be minimized and 7

mitigated such that they result in no net loss of shoreline ecological functions. 8

2. Dredging and dredge disposal shall be prohibited on or in archaeological sites 9

that are listed on the National Register of Historic Places and the Washington 10

Heritage Register until such time that they have been reviewed and approved by 11

the appropriate agency. 12

3. Dredging techniques that cause minimum dispersal and broadcast of bottom 13

material shall be used, and only the amount of dredging necessary shall be 14

permitted. 15

4. Dredging shall be permitted only: 16

a. For navigation or navigational access 17

b. In conjunction with a water-dependent use of waterbodies or adjacent 18

shoreline areas 19

c. As part of an approved stream or river rehabilitation or habitat 20

improvement project 21

d. In conjunction with a bridge, navigational structure, or wastewater 22

treatment facility for which there is a documented public need and where 23

other feasible sites or routes do not exist 24

5. Dredging for fill is prohibited except where the material is necessary for 25

restoration of shoreline ecological functions. 26

B. Dredge Material Disposal 27

1. Upland dredge material disposal within shoreline jurisdiction is prohibited, 28

except under the following circumstances and conditions: 29

a. Shoreline ecological functions and processes will be preserved, restored, 30

or enhanced, including protecting surface, hyporheic, and groundwater. 31

b. Erosion, sedimentation, floodwaters, or runoff will not increase adverse 32

impacts on shoreline ecological functions and processes or property. 33

c. The site will ultimately be suitable for a use allowed by this SMP. 34

Commented [A276]: Dredging and dredge material disposal shall be done in a manner which avoids or minimizes significant ecological impacts and impacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions.

Commented [A277]: New development should be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. Dredging for the purpose of establishing, expanding, or relocating or reconfiguring navigation channels and basins should be allowed where necessary for assuring safe and efficient accommodation of existing navigational uses and then only when significant ecological impacts are minimized and when mitigation is provided. Maintenance dredging of established navigation channels and basins should be restricted to maintaining previously dredged and/or existing authorized location, depth, and width.

Commented [A278]: Dredging waterward of the ordinary high-water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high-water mark. The project must be either associated with a MTCA or CERCLA habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. Master programs should include provisions for uses of suitable dredge material that benefit shoreline resources. Where applicable, master programs should provide for the implementation of adopted regional interagency dredge material management plans or watershed management planning.

Commented [A279]: Disposal of dredge material on shorelands or wetlands within a river's channel migration zone shall be discouraged. In the limited instances where it is allowed, such disposal shall require a conditional use permit. This provision is not intended to address discharge of dredge material into the flowing current of the river or in deep water within the channel where it does not substantially affect the geohydrologic character of the channel migration zone.

April 2016


2. Dredge material disposal shall not occur in wetlands nor within a stream’s 1

CMZ, except as authorized by Conditional Use Permit as part of a shoreline 2

restoration project. 3

3. Dredge material disposal within areas assigned an Aquatic environment 4

designation may be approved only when authorized by applicable agencies, 5

which may include the USACE pursuant to Section 404 (Clean Water Act) 6

permits, WDFW, HPA, and/or the Dredged Material Management Program of 7

the Washington DNR, and when one of the following conditions apply: 8

a. Land disposal is not feasible, inconsistent with this SMP, or prohibited 9

by law. 10

b. Disposal as part of a program to restore or enhance shoreline ecological 11

functions and processes is not feasible. 12

4. Dredge materials approved for disposal within areas assigned an Aquatic 13

environment designation shall comply with the following conditions: 14

a. Aquatic habitat will be protected, restored, or enhanced. 15

b. Adverse effects on water quality or biologic resources from 16

contaminated materials will be mitigated. 17

5. Upland disposal sites shall be planted with vegetation native to the shoreline 18

location, or that which would be present in an undisturbed condition. 19

6. Dredge material disposal operating periods and hours shall be limited to those 20

stipulated by the WDFW and hours from 7:00 a.m. to 5:00 p.m., Monday 21

through Friday, except in time of emergency as authorized by the Shoreline 22

Administrator. Provisions for buffers at land disposal or transfer sites, in order 23

to protect public safety and other lawful interests and to avoid adverse impacts, 24

shall be required. 25

C. Submittal Requirements: The following information shall be required for all dredging 26

applications: 27

1. A description of the purpose of the proposed dredging and analysis of 28

compliance with the policies and regulations of this SMP 29

2. A detailed description of the existing physical character, shoreline 30

geomorphology, and biological resources provided by the area proposed to be 31

dredged, including: 32

a. A site plan map outlining the perimeter of the proposed dredge area, 33

including the existing bathymetry (water depths that indicate the 34

topography of areas below the OHWM), and having data points at a 35

minimum of 2-foot depth increments 36

April 2016


b. A Critical Areas Report 1

c. A mitigation plan, if necessary, to address any identified adverse 2

impacts on ecological functions or processes 3

d. Information on stability of areas adjacent to proposed dredging and 4

spoils disposal areas 5

e. A detailed description of the physical, chemical, and biological 6

characteristics of the dredge materials to be removed, including: 7

i. Physical analysis of material to be dredged (e.g., material 8

composition and amount, grain size, organic materials present, and 9

source of material) 10

ii. Chemical analysis of material to be dredged (e.g., volatile solids; 11

chemical oxygen demand; grease and oil content; and mercury, 12

lead, and zinc content) 13

iii. Biological analysis of material to be dredged 14

3. A description of the method of materials removal, including facilities for 15

settlement and movement. 16

4. Dredging procedure, including the length of time it will take to complete 17

dredging, method of dredging, and amount of materials removed. 18

5. Frequency and quantity of project maintenance dredging. 19

6. Detailed plans for dredge spoil disposal, including specific land disposal sites 20

and relevant information on the disposal site, including, but not limited, to: 21

a. Dredge material disposal area 22

b. Physical characteristics, including location, topography, existing 23

drainage patterns, and surface and groundwater 24

c. Size and capacity of disposal site 25

d. Means of transportation to the disposal site 26

e. Proposed dewatering and stabilization of dredged material 27

f. Methods of controlling erosion and sedimentation 28

g. Future use of the site and conformance with land use policies and 29

regulations 30

7. Total estimated initial dredge volume. 31

April 2016


8. Plan for disposal of maintenance spoils for at least a 20-year period, if 1

applicable. 2

9. Hydraulic modeling studies sufficient to identify existing geohydraulic patterns 3

and probable effects of dredging. 4

D. This SMP recognizes that stream and river restoration and rehabilitation projects may 5

require excavation and material placement which would otherwise meet the definitions 6

for dredging and relocation of dredged materials. Descriptive and reporting 7

requirements specified in Section (3) above shall be waived for earth moving (including 8

streambed materials) and relocation which are design elements of stream and river 9

restoration projects. 10

E. Stream and river restoration projects shall be designed to rehabilitate natural fluvial 11

geomorphic and ecological functions and processes. 12

03.10.360 Fill and Excavation 13

A. Fill and excavation is allowed only in association with a permitted use. Where allowed, 14

fill and excavation shall be the minimum necessary to accommodate the development. 15

B. Fill of the OHWM, except fill to support ecological restoration, requires a Conditional 16

Use Permit and may only be permitted in one of the following circumstances: 17

1. In conjunction with water-dependent or public access uses allowed by this SMP 18

2. In conjunction with a bridge or transportation facility of statewide significance, 19

for which there is a demonstrated public need and where no feasible upland 20

sites, design solutions, or routes exist 21

3. In conjunction with implementation of an interagency environmental cleanup 22

plan to clean up and dispose of contaminated sediments 23

4. Disposal of dredged material considered suitable under, and conducted in 24

accordance with, the Washington State Dredged Material Management Program 25

5. In conjunction with any other environmental restoration or enhancement project 26

C. Waterward of the OHWM, pile or pier supports shall be used whenever feasible in 27

preference to fills. Fills for approved road development in floodways or wetlands shall 28

be permitted only if pile or pier supports are proven not feasible. 29

D. Fill upland and waterward of the OHWM, including in non-watered side channels, shall 30

be permitted only where it is demonstrated that the proposed action will not: 31

1. Result in significant ecological damage to water quality, fish, and/or wildlife 32

habitat 33

Commented [A280]: WAC 173-26-231(3)(c)

Fills shall be located, designed, and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration. Fills waterward of the ordinary high-water mark shall be allowed only when necessary to support: Water-dependent use, public access, cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan, disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the department of natural resources, expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible, mitigation action, environmental restoration, beach nourishment or enhancement project. Fills waterward of the ordinary high-water mark for any use except ecological restoration should require a conditional use permit.

April 2016


2. Adversely alter natural drainage and circulation patterns, currents, or river flows 1

or significantly reduce flood water capacities 2

3. Alter channel migration, geomorphic, or hydrologic processes 3

4. Significantly reduce public access to the shoreline or significantly interfere with 4

shoreline recreational uses 5

E. Fills are prohibited in the floodway, except when required in conjunction with uses 6

allowed by this SMP. 7

F. Fills are allowed in floodplains outside of the floodway only where they would not alter 8

the hydrologic characteristics or flood storage capacity or inhibit channel migration. 9

G. Fill shall be of the minimum amount and extent necessary to accomplish the purpose of 10

the fill. 11

H. Excavation waterward of the OHWM or within wetlands shall be considered dredging 12

for purposes of this SMP. 13

I. Fills or excavation shall not be located where streambank stabilization will be 14

necessary to protect materials placed or removed. Disturbed areas shall be immediately 15

stabilized and revegetated, as applicable. 16

03.10.370 Forest Practices 17

A. Forest practice applications shall meet all local, state and federal regulations regarding 18

forest practices and land clearing, especially the State’s Forest Practices Act for all 19

forest management activities including Class IV, general forest practices, where 20

shorelines are being converted or are expected to be converted to non‐forest uses. 21

B. Normal stream depositions of logs, uprooted tree snags, and stumps, which abut on 22

shorelands and do not intrude on the navigational channel or reduce flow, or adversely 23

redirect a river course, and are not harmful to life and property, will generally be left as 24

they lie, in order to protect the resultant dependent aquatic systems. Forest practices 25

fees are charged only if timber harvesting is proposed, including salvage of snags, 26

down wood, dying trees, or stumps. 27

C. Conversion of forest lands to another use shall ensure no net loss of ecological function 28

or no significant adverse impacts on other shoreline uses, resources, and values such as 29

navigation, recreation, and public access. 30

D. Within 200 feet landward of the OHWM within Shorelines of Statewide Significance, 31

only selective commercial timber cutting is allowed, such that no more than 30% of the 32

merchantable trees may be harvested in any 10-year period of time, provided that other 33

timber harvesting methods may be permitted in those limited instances where the 34

topography, soil conditions, or silviculture practices necessary for regeneration render 35

selective logging ecologically detrimental, and provided further, that clear cutting of 36

Commented [A281]: WAC 173-26-241(3)(e)

Commented [A282]: WAC 173-26-241(3)(e)

Commented [A283]: WAC 173-26-241(3)(e)

Commented [A284]: WAC 173-26-241(3)(e)

Master programs shall implement the provisions of RCW 90.58.150regarding selective removal of timber harvest

on shorelines of statewide significance. Exceptions to this standard shall be by conditional use permit only.


April 2016


timber which is solely incidental to the preparation of land for other uses authorized by 1

this SMP may be permitted. 2

E. Logging, timber harvesting, and maintenance activities shall ensure water quality and 3

the maintenance of vegetative buffer strips to protect fish populations and avoid erosion 4

of stream banks. 5

F. Forest practices shall maintain views of shorelines having well-known scenic qualities 6

such as those providing a diversity of views, unique landscape contrasts, or landscape 7

panoramas. 8

G. Proponents of a forest practice or activity shall supply the following information in 9

their application for shoreline permit: 10

1. Documentation describing how the activity will protect water quality and meet 11

any applicable standards 12

2. Plan for maintaining vegetative buffer strips to protect fish populations and 13

other aquatic life 14

3. Description of other measures to prevent erosion of stream bank 15

03.10.380 Industry 16

A. Water-dependent industrial development shall be given priority over 17

non-water-dependent commercial uses within shoreline environments. Secondarily, 18

water-related and water-oriented uses shall be given priority over non-water-oriented 19

commercial uses. 20

B. Non-water-oriented industrial uses shall be allowed if they can demonstrate one or 21

more of the following: 22

1. The industrial use is part of a mixed-use project that includes water-dependent 23

uses and provides a significant public benefit with respect to the objectives of 24

the SMA. 25

2. Navigability is severely limited at the proposed site, including opportunities for 26

non-motorized boating or other water-oriented uses. 27

3. The industrial use is physically separated from the shoreline by another 28

property, public right-of-way, or levee. 29

4. The industrial use is farther upland than 200 feet from the OHWM; therefore, a 30

water-oriented use is not a viable option. 31

C. Where industrial use is proposed for location on land in public ownership, public access 32

should be required unless such public access is demonstrated by the proponent to be 33

infeasible or inappropriate for the shoreline pursuant to SMP 03.10.260, Public Access. 34

Commented [A285]: WAC 173-26-241(3)(f)

Commented [A286]: WAC 173-26-241(3)(f)

Commented [A287]: Industrial development and redevelopment should be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated.

Commented [A288]: WAC 173-26-241(3)(f)

April 2016


D. Industrial uses shall provide for suitable measures to rehabilitate and enhance the 1

shoreline ecology as a condition of approval. 2

E. Non-water-oriented industrial uses shall not be allowed over water in any shoreline 3

environment. 4

F. All industrial loading and service areas shall be located upland or away from the 5

shoreline, except when loading services are water-dependent such as barge facilities. 6

Provisions shall be made to screen upland loading areas with walls, fences, and 7

landscaping and to minimize aesthetic impacts. 8

G. The new storage of potentially hazardous or dangerous substances or wastes is 9

prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 10

extends farthest landward. 11

H. Industrial development will be located, designed, or constructed in a manner that 12

ensures no net loss of shoreline ecological functions and such that it does not have 13

significant adverse impacts to other shoreline resources and values. 14

03.10.380 In-Stream Structures 15

A. In-stream structures are those structures placed by humans within a stream or river 16

waterward of the OHWM that either cause or have the potential to cause water 17

impoundment or the diversion, obstruction, or modification of water flow. In-stream 18

structures may include those for hydroelectric generation, irrigation, water supply, 19

flood control, transportation, utility service transmission, structures primarily intended 20

for fisheries management, or other purposes. Docks, piers, and marinas are not 21

regulated as in-stream structures under this section of the SMP. See SMP 03.10.450, 22

Transportation: Trails, Roads, and Parking and SMP 03.10.460, Utilities for regulations 23

governing road and utility crossings of streams. 24

B. General: 25

1. The location, planning, and design of in-stream structures shall be compatible 26

with the following: 27

a. The full range of public interests, existing agricultural operations, 28

demand for public access to shoreline waters, desire for protection from 29

floods, and need for preservation of historical and cultural resources; and 30

b. Protection and preservation of ecosystem-wide processes and ecological 31

functions, including, but not limited to, fish and wildlife, with special 32

emphasis on protecting and restoring priority habitats and species, and 33

water resources and hydrogeological processes, as applicable. 34

2. New structures shall be designed, located, and constructed consistent with 35

mitigation sequencing principles in the Environmental Protection and Critical 36

Areas Sections of this SMP, and as otherwise limited by floodplain regulations 37

Commented [A289]: WAC 173-26-241(3)(g)

Commented [A290]: WAC 173-26-241(3)(g)

Commented [A291]: WAC 173-26-241(3)(g)

April 2016


found in the Flood Hazard Reduction and Floodplain Management sections of 1

this SMP. 2

3. New structures shall be designed and located to minimize removal of riparian 3

vegetation and, if applicable, to return flow to the stream in as short a distance 4

as possible. 5

4. In-stream structures shall provide for adequate upstream and downstream 6

migration of resident fish, as applicable, and shall not adversely affect salmonid 7

fish species or adversely modify salmonid fish habitat, as applicable. 8

5. Utilities and transmission lines shall be located so as to minimize obstruction or 9

degradation of views and comply with applicable provisions of the Utilities 10

section of this SMP. 11

6. Mitigation shall be required of the proponent for the loss of ecological functions 12

and processes pursuant to Environmental Protection and Critical Areas Sections 13

of this SMP. No net loss in function, value, or acreage shall occur from such 14

development. 15

C. Submittal Requirements – In addition to the standard requirements listed in SMP 16

03.10.730, Application Requirements, all permit applications for in-stream structures 17

shall contain, at a minimum, the following additional information: 18

1. A site suitability analysis, which provides sufficient justification for the 19

proposed site; the analysis must fully address alternative sites for the proposed 20

development. 21

2. Proposed location and design of primary and accessory structures, transmission 22

equipment, utility corridors, and access/service roads. 23

3. A plan that describes the extent and location of vegetation, which is proposed to 24

be removed to accommodate the proposed facility, and any site revegetation 25

plan required by this SMP. 26

4. A hydraulic analysis prepared by a licensed professional engineer that 27

sufficiently describes the project’s effects on streamway hydraulics, including 28

potential increases in base flood elevation, changes in stream velocity, and the 29

potential for redirection of the normal flow of the affected stream. 30

5. A hydrologic analysis that analyzes the project’s effects on ecological 31

processes, including delivery and rate of water and sediment, geomorphology, 32

and recruitment of organic material. 33

6. Biological resource inventory and analysis that sufficiently describes the 34

project’s effects on fish and wildlife resources, prepared by a qualified 35

professional as defined in the Critical Areas section of this SMP. 36

Commented [A292]: The location and planning of in-stream structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns, with special emphasis on protecting and restoring priority habitats and species.

April 2016


7. Provision for erosion control, protection of water quality, and protection of fish 1

and wildlife resources during construction. 2

8. Long-term management plans that describe, in sufficient detail, provisions for 3

protection of in-stream resources during construction and operation; the plan 4

shall include means for monitoring its success. 5

03.10.390 Mining 6

A. Mining shall be prohibited waterward of the OHWM. 7

B. Low-intensity mining activities are allowed in all shorelines except for Natural 8

environment. Mining activities addressed in the most recent version of the Washington 9

Department of Fish and Wildlife's Hydraulic Project Approval (HPA) pamphlet titled 10

Gold and Fish, Rules for Mineral Prospecting and Placer Mining, or as updated shall 11

not require a shoreline permit, but should be conducted in conformance with the 12

pamphlet provisions. More intensive mining proposals are addressed through 13

substantial development or conditional use permitting in this SMP, and through the 14

WDFW Hydraulic Permit Approval process. 15

C. Mining facilities shall be located within shoreline jurisdiction (Shorelands) only when 16

no feasible sites are available outside shoreline jurisdiction. 17

D. All gold and other mineral prospecting, concentration, and extraction activities shall 18

strictly conform to requirements of the Gold and Fish Pamphlet for those activities 19

which are limited to the scope, techniques, and equipment specified in the pamphlet. 20

Compliance with the Gold and Fish Pamphlet does not necessarily preclude the 21

requirement for a Substantial Development Permit (SDP) for mineral prospecting, 22

concentration, and extraction activities. 23

E. All similar activities which exceed the criteria and parameters specified in the Gold and 24

Fish Pamphlet shall be designed and conducted to avoid impacts to shoreline natural 25

character and ecological functions, including, but not limited to, riparian and floodplain 26

plant communities and ecosystems and ecological functions. 27

F. Determining when mining facilities may or may not be located within Shorelands shall 28

be based on an evaluation of geologic factors such as the distribution and availability of 29

mineral resources for that jurisdiction; the need for such mineral resources; and 30

economic, transportation, and land use factors. This demonstration may rely on 31

analysis or studies prepared for purposes of comprehensive plan designations and may 32

be integrated with any relevant environmental review conducted under State 33

Environmental Policy Act (SEPA; RCW 43.21C) or otherwise be shown in a manner 34

consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a), as amended. 35

G. Mining facilities and associated activities shall be designed and located to prevent loss 36

of ecological function. 37

Commented [A293]: WAC 173-26-241(3)(h)

A shoreline master program should accomplish two purposes in addressing mining. First, identify where mining may be an appropriate use of the shoreline, which is addressed in this section and in the environment designation sections above. Second, ensure that when mining or associated activities in the shoreline are authorized, those activities will be properly sited, designed, conducted, and completed so that it will cause no net loss of ecological functions of the shoreline.

Commented [A294]: WAC 173-26-241(3)(g)(ii)(A)

Commented [A295]: WAC 173-26-241(3)(g)(i)(C)

Commented [A296]: WAC 173-26-241(3)(g)

April 2016


H. Application for approval of mining operations shall be accompanied by operation plans, 1

reclamation plans, and analysis of environmental impacts sufficient to make a 2

determination as to whether the project will result in net loss of shoreline ecological 3

functions and processes. These evaluations and plans shall address these functions and 4

processes during the course of mining and after reclamation, and how impacts will be 5

mitigated to achieve no net loss of these functions. Creation, restoration, and habitat 6

enhancement and the future productivity of the site may be considered in determining 7

no net loss of ecological functions. 8

I. Preference shall be given to mining uses that result in the creation, restoration, or 9

habitat enhancement. 10

03.10.400 Piers and Docks 11

A. General 12

1. All boating uses, development, and facilities shall protect the rights of 13

navigation and demonstrate no net loss of ecological functions, including 14

providing on-site and off-site mitigation, as applicable. 15

2. Shared moorage serving single-family use consisting of docks and piers with 16

more than four berths, commercial moorage available to the general public, and 17

moorage related to clubs or other groups not associated with a particular 18

residential development are regulated as Boating Facilities under SMP Section 19

03.10.320. 20

3. Docks and piers with four or fewer berths or any number of mooring buoys are 21

regulated under this Section. 22

4. The design and location of structures must follow the mitigation sequence to 23

protect freshwater habitats of special concern. 24

5. All moorage facilities that extend onto State-owned aquatic lands must also 25

comply with Washington DNR1 standards and regulations. 26

6. Docks, boatlifts, swim floats, buoys, watercraft lifts, and moorage piles shall 27

only be approved as an accessory to an existing principle permitted and 28

established use or may be permitted concurrently with a principle use. 29

B. Location standards. 30

1. Docks, swim floats, buoys, watercraft lifts, and moorage piles shall avoid the 31

following sites: 32

1 The Washington Department of Natural Resources is currently developing new standards for uses and

modifications on State-owned aquatic lands.

Commented [A297]: WAC 173-26-231(3)(b)

Commented [A298]: WAC 173-26-231(3)(b) New piers and docks shall be allowed only for water-dependent uses or public access. As used here, a dock associated with a single-family residence is a water-dependent use provided that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section. Pier and dock construction shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. Water-related and water-enjoyment uses may be allowed as part of mixed-use development on over-water structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. If a port district or other public or commercial entity involving water-dependent uses has performed a needs analysis or comprehensive master plan projecting the future needs for pier or dock space, and if the plan or analysis is approved by the local government and consistent with these guidelines, it may serve as the necessary justification for pier design, size, and construction. The intent of this provision is to allow ports and other entities the flexibility necessary to provide for existing and future water-dependent uses.

Commented [A299]: WAC 173-26-231(3)(b) Piers and docks, including those accessory to single-family residences, shall be designed and constructed to avoid or, if that is not possible, to minimize and mitigate the impacts to ecological functions, critical areas resources such as eelgrass beds and fish habitats and processes such as currents and littoral drift. See WAC 173-26-221 (2)(c)(iii) and (iv). Master programs should require that structures be made of materials that have been approved by applicable state agencies.


April 2016


a. Areas where shoreline modification is required for approach and other 1

upland facilities 2

b. Locations where they would adversely impact upland riparian or 3

nearshore habitat for aquatic species 4

c. Locations where they would adversely affect flood channel capacity or 5

create a flood hazard 6

d. Locations where water depths for vessels are not adequate without 7

dredging 8

e. Fish spawning areas. 9

2. Docks, swim floats, buoys, watercraft lifts, and moorage piles shall be located 10

according to the following criteria: 11

a. Docks, swim floats, buoys, watercraft lifts, and moorage piles shall be 12

sited to avoid adversely impacting shoreline ecological functions or 13

processes. 14

b. Docks, swim floats, buoys, watercraft lifts, and moorage piles shall be 15

spaced and oriented in a manner that minimizes hazards and obstructions 16

to public navigation rights and corollary rights thereto such as, but not 17

limited to, fishing, swimming, and pleasure boating. The length of piers 18

and docks shall be limited in constricted waterbodies to ensure 19

navigability and public use. The Shoreline Administrator may require 20

reconfiguration of piers and docks proposals where necessary to protect 21

navigation, public use, or ecological functions. 22

c. Covered docks or other covered structures are not permitted waterward 23

of the OHWM. 24

d. Overhead or underwater wiring or plumbing is not permitted. 25

e. Bulk storage (non-portable storage in fixed tanks) of gasoline, oil and 26

other petroleum products for any use or purpose is prohibited on any 27

dock or pier. 28

C. General design standards. Docks, swim floats, buoys, watercraft lifts, and moorage 29

piles shall be designed according to the following criteria: 30

1. If moorage is to be provided or planned as part of a new residential 31

development of two or more waterfront dwelling units or lots or as part of a 32

subdivision or other divisions of land occurring after the effective date of this 33

SMP, joint-use or community dock facilities shall be required when feasible, 34

rather than allow individual docks for each residence. A joint-use dock shall 35

not be required for: 36

Commented [A300]: WAC 173-26-231(3)(b) New pier or dock construction, excluding docks accessory to single-family residences, should be permitted only when the applicant has demonstrated that a specific need exists to support the intended water-dependent uses. Where new piers or docks are allowed, master programs should contain provisions to require new residential development of two or more dwellings to provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence. Piers and docks, including those accessory to single-family residences, shall be designed and constructed to avoid or, if that is not possible, to minimize and mitigate the impacts to ecological functions, critical areas resources such as eelgrass beds and fish habitats and processes such as currents and littoral drift. See WAC 173-26-221 (2)(c)(iii) and (iv). Master

programs should require that structures be made of materials that have been approved by applicable state agencies.


April 2016


a. Single residential development; 1

b. Existing single residential units that currently do not have a dock; and 2

c. Replacement of existing single residential docks. 3

2. If allowed, only one private dock shall be permitted on a shoreline residential 4

lot. 5

3. Any adverse impacts of the proposed dock shall be adequately mitigated. 6

4. Shared residential docks and piers shall generally meet the standards for single 7

family docks, except that the number of floats and the size of piers and other 8

facilities may be increased to serve additional slips to provide one moorage 9

space per residence served. 10

5. In order to evaluate the feasibility of a joint community dock in a new 11

residential development of two or more waterfront dwelling units, the 12

applicant/proponent shall demonstrate the following: 13

a. Existing facilities in the vicinity, including marinas and shared moorage, 14

are not adequate or feasible for use; and 15

b. The applicant/proponent has contacted abutting property owners and 16

none have indicated a willingness to share an existing dock or develop a 17

shared moorage in conjunction with the applicant/proponent. 18

6. For joint-use or community docks, the following conditions apply: 19

a. New residential developments, including division of land, shall contain a 20

restriction on the face of the plat prohibiting individual docks and 21

identifying locations for joint-use or community dock facilities. 22

However, a single-use dock may be authorized if the applicant can 23

demonstrate that all other reasonable community or joint-use options 24

have been investigated and found infeasible. 25

b. A site for shared moorage at a joint-use dock should be owned in 26

undivided interest by property owners or managed by a homeowner’s 27

association as a common easement within the residential development. 28

c. If moorage joint-use dock is provided, the applicant shall file (at the time 29

of building permit submittal for the dock) a legally enforceable joint-use 30

agreement or other legal instrument that, at a minimum, addresses the 31

following: 32

i. Provisions for maintenance and operation; 33

ii. Easements or tracts for joint-use access; and 34

April 2016


iii. Provisions for joint use for all benefiting parties. 1

7. All over- and in-water structures shall be constructed and maintained in a safe 2

and sound condition. Abandoned or unsafe structures or materials, including 3

treated wood, pilings, derelict structures, vessels, buoys, and equipment, shall 4

be repaired promptly by the owner or removed after obtaining any necessary 5

permits. 6

8. Lighting is prohibited unless required by a federal or state agency for navigation 7

or safety purposes. In instances where lighting is required for these purposes, 8

illumination levels shall be the minimum necessary for safety (WAC 173-26-9

321(2)(b, d)). 10

9. Temporary moorages shall be allowed for vessels used in the construction of 11

shoreline facilities. The design and construction of temporary moorages shall 12

be such that upon termination of the project, the aquatic habitat in the affected 13

area can be returned to its original (pre-construction) condition within 1 year at 14

no cost to the environment or the public. 15

10. No skirting is allowed on any structure (WAC 173-26-321(2)(b, d)). 16

11. If a dock is provided with a safety railing, such railing shall meet International 17

Building Code requirements and shall be an open framework, which follows 18

appropriate safety standards, that does not unreasonably interfere with shoreline 19

views of adjoining properties. 20

12. Moorage facilities shall be marked with reflectors or otherwise identified to 21

prevent unnecessarily hazardous conditions for water surface users during the 22

day or night. Exterior finish of all structures shall be generally non-reflective. 23

13. Private moorage for float planes may be permitted accessory to existing or 24

concurrently proposed moorage where construction and operation would not 25

adversely affect shoreline functions or processes, including wildlife use, or 26

interfere with navigation. 27

D. Dock dimensional and materials standards. The following dimensional standards shall 28

apply to all new docks serving four or fewer residential dwellings. Deviations from the 29

dimensional standards must be approved through a Shoreline Variance. 30

1. Width: 31

a. Piers and floats shall not exceed 8 feet in width. Ramps shall not exceed 32

4 feet in width. 33

b. Dock finger extensions shall not exceed 2 feet in width. 34

2. Length: 35

April 2016


a. The length of the dock shall not exceed the length necessary in order for 1

the end of the dock to reach a minimum water depth of 4 feet measured 2

at ordinary high water. 3

3. Area: 4

a. The area of new docks shall be limited by the maximum width and 5

length allowed in 1. and 2. above. Only one float is allowed per 6

single-use dock. A maximum of two floats is allowed for joint-use 7

docks. 8

b. 320 square feet for single-use docks, excluding the ramp and all 9

associated appurtenances. 10

c. 450 square feet for joint-use docks, excluding the ramp and all 11

associated appurtenances. 12

4. Height. 13

a. The bottom of any piers or the landward edge of any ramp must be at 14

least 1 foot above the OHWM. The freeboard height on all floats must 15

be at least 10 inches. 16

b. Docks shall not exceed three (3) feet in height above the ordinary high 17

water mark on the landward side. 18

5. Dock Support Piles: 19

a. Piling shall be structurally sound and cured prior to placement in the 20

water. 21

b. Pilings shall not be treated with pentachlorophenol, creosote, copper 22

naphthalene, chromate copper arsenate, or comparably toxic compounds. 23

c. Pilings shall not extend beyond the end of the dock. 24

d. Use the smallest diameter and number of pilings required to construct a 25

safe structure. 26

i. Pilings shall not exceed 4 inches in diameter. 27

ii. If a piling is encased in a sleeve, the piling plus sleeve diameter 28

shall not exceed 5 inches. 29

iii. Steel piling used to construct residential docks should not exceed 6 30

inches in diameter. Limit the diameter of steel piling used to 31

construct public recreational docks to the minimum width needed 32

to accommodate the intended use. 33

Commented [A301]: From existing SMP.

April 2016


iv. Piles up to 8 inches in diameter may be approved by the Shoreline 1

Administrator without a Shoreline Variance Permit if the designing 2

engineer documents need for larger piles for safety or structural 3

reasons. 4

e. Pilings or piling sleeves shall be white in color. 5

f. All pilings must be fitted with devices to prevent perching by fish eating 6

birds. 7

g. The anchoring system for the floating structures shall be installed and 8

used in a manner that will not damage the lakebed as a result of structure 9

or anchor movement. 10

h. Flotation for structures shall be enclosed and contained to prevent the 11

breakup or loss of the floatation material into the water. 12

6. Dock and Watercraft Lift Spacing: 13

a. Private docks and watercraft lifts shall be spaced a minimum of 10 feet 14

from the side property lines for individual properties. Joint-use 15

structures may abut or overlap property lines provided the adjacent 16

property owners have mutually agreed to the structure location, and the 17

agreement is recorded through contract or covenant is recorded with the 18

County Auditor’s Office. 19

b. For those new docks located adjacent to larger existing overwater 20

structures, such as marinas or community docks, the responsible local 21

government may require a greater separation between moorage 22

structures to reduce potential navigation and use conflicts. 23

c. No new structure may be installed within 100 feet of the outlet of any 24

river or stream. 25

7. Decking Materials: 26

a. Use of materials specified for freshwater use is required. 27

b. Flotation materials shall be permanently encapsulated. 28

8. Floats 29

a. Float components shall not exceed the dimensions of 8 by 20 feet, or an 30

aggregate total of 160 square feet, for all float components. 31

i. Private swim floats should be no longer than 8 feet and no wider 32

than 8 feet. 33

Commented [A302]: Language more common for ESA water bodies

(A)Decking/Materials - ESA Listed Salmonids

(i)Grating or clear translucent material shall cover the entire surface area of the pier, ramp, and/or float. The open area of

grating shall be at least 60% and clear translucent materials

shall have greater than 90% light transmittance as rated by the

manufacturer.

(ii)Float materials contacting the water shall be white in color.

(iii)Flotation materials shall be permanently encapsulated.


confirm.

April 2016


b. Only one swim float may be approved per waterfront property. 1

c. Flotation materials shall be permanently encapsulated to prevent 2

breakup into small pieces and dispersal in water (e.g., rectangular float 3

tubs). 4

d. Grating shall cover 100% of the surface area of the float(s). The open 5

area of the grating shall be no less than 50%, as rated by the 6

manufacturer. 7

e. Floats shall not be located in shallow-water habitat where they could 8

ground or impede the passage or rearing of any salmonid life stage. 9

f. Nothing shall be placed on the overwater structure that will reduce 10

natural light penetration through the structure. 11

g. Recreational floats shall be located as close to the shore as possible. 12

h. Project construction shall cease under high flow conditions that could 13

result in inundation of the project area except for efforts to avoid or 14

minimize resource damage. 15

E. Mooring Buoys: 16

1. Each waterfront single-family residence or parcel may be allowed one moorage 17

buoy. 18

2. Mooring buoys shall be placed at a distance specified by state and federal 19

agencies with authority to avoid nearshore habitat and to minimize obstruction 20

to navigation. However, buoys shall not extend farther waterward of the 21

OHWM than 300 feet or one-third of the width of the waterbody, whichever is 22

less, and no closer than 50 feet, and shall be anchored at least 25 feet from side 23

property lines or at the center of a parcel when the lot is less than 50 feet wide. 24

Private buoys shall not be placed within 100 feet of a public facility or park and 25

shall not interfere with access to private or public property. 26

3. At a minimum, the buoy shall be placed so that the boat will not ground during 27

the waterbody’s typical moorage season and is in water at least 7 feet deep at 28

ordinary high water. 29

4. A radius of 100 feet from the proposed buoy shall be clear of existing buoys, 30

docks, and other hazards. A smaller radius may be approved if the applicant 31

demonstrates that a boat moored at the proposed buoy provides a safety margin 32

of at least 20 feet from any other fixed hazard, including from boats moored at 33

nearby buoys. 34

5. A mooring buoy shall secure no more than two boats. 35

Commented [A304]: Partnership/Planning Commission to confirm.. From existing SMP.

April 2016


6. Anchor, buoy, and moored vessel are not located over or within 25 feet of 1

vegetated shallows (except where such vegetation is limited to State-designated 2

noxious weeds). 3

7. Anchor, buoy, and moored vessel are not to be located over or within 300 feet 4

of spawning habitat for federal or state listed salmonid fish species or over or 5

within 25 feet of spawning habitat for other native fish species. 6

8. Anchors should be helical screw anchors, other embedded anchors, or other 7

technologies to prevent anchors or lines from dragging or scouring. The anchor 8

system, including the tethering mechanism to connect the vessel to the anchor, 9

should be appropriate for the size and weight of the vessel. Other design 10

features shall meet WDFW, U.S. Army Corps of Engineers, and/or DNR 11

standards. 12

F. Moorage related to subdivision 13

1. If moorage is to be provided or planned as part of a new residential 14

development of two or more waterfront dwelling units or lots or as part of a 15

subdivision or other divisions of land occurring after the effective date of this 16

SMP, joint-use or community dock facilities are required when feasible, rather 17

than allowing individual docks for each residence. A joint use dock shall not be 18

required for: 19

a. Single-family residential development 20

b. Existing single-family residential units that currently do not have a dock 21

c. Replacement of existing single-family residential docks 22

2. Approval of a shared moorage for a subdivision shall be subject to the following 23

criteria: 24

a. There is no reasonably available public or private moorage that can 25

serve the moorage needs of the residences or the subdivision. 26

b. Shared moorage to serve new development shall be limited to the 27

amount of moorage needed to serve lots with water frontage. The size 28

of a dock must consider the use of mooring buoys for some or all 29

moorage needs and the use of all or part of the dock to allow tender 30

access to mooring buoys. 31

c. Public access shall be provided in all shared docks utilizing public 32

aquatic lands that accommodate five or more vessels. 33

3. If a community or shared dock is not developed at the time of subdivision, a 34

community association shall be established with the authority to levy 35

assessments within the subdivision to construct and maintain a community dock 36

April 2016


in the future. The failure of a subdivision to develop a community or shared 1

dock shall not affect the prohibition on individual docks. 2

G. Multi-family residences, hotels, motels, and other commercial developments proposing 3

to provide moorage facilities shall meet the criteria for a marina. Use of the moorage 4

must be open to the general public on the same basis as residents or occupants and shall 5

provide public access. If approved, no more than one joint-use moorage facility may be 6

provided for a parcel or development. 7

H. Applications for docks or piers serving single commercial or industrial enterprises shall 8

demonstrate the following requirements: 9

1. The facility serves a water-dependent use. 10

2. The facility is the minimum size required to serve the proposed use, provided 11

that provisions for expansion or future joint use may be considered. 12

3. The facility minimizes impacts to the extent feasible. Where impacts are 13

unavoidable, the facility mitigates impacts to navigation; aquatic habitat; upland 14

habitat; public access to the water for recreation, fishing, and similar use; and 15

public access to publicly accessible lands below the OHWM. 16

4. Commercial moorage facilities shall demonstrate that the following 17

requirements are met: 18

5. The dock or pier shall be the minimum length required to serve the use. 19

6. Access from the shore to piers or floats shall minimize water cover in order to 20

minimize impacts to shallow water habitat. 21

7. Piers and ramps shall be elevated to provide the maximum feasible light 22

penetration. 23

8. Grating, or clear translucent material, shall be utilized to the maximum extent 24

feasible to provide light penetration. 25

9. Floats shall be constructed and attached so that they do not ground out on the 26

substrate. 27

10. Pile spacing shall be the maximum feasible to minimize shading and avoid a 28

“wall” effect that would block or baffle wave patterns, currents, littoral drift, or 29

movement of aquatic life forms or result in structure damage from driftwood 30

impact or entrapment. 31

11. Pile diameter shall be minimized while meeting structural requirements. 32

April 2016


12. Covered structures may be permitted only to serve a water-dependent use where 1

it is demonstrated that adequate upland sites are not feasible, and it is 2

demonstrated that the area covered is the minimum necessary to serve the use. 3

I. Mitigation: 4

1. Consistent with the mitigation sequencing steps outlined in SMP 03.10.230, 5

Environmental Protection, new or expanded overwater and in-water structures, 6

including watercraft lifts and mooring buoys, should be first designed to avoid 7

and then minimize impacts, prior to pursuing mitigation (WAC 173-26-8

321(3)(b)). 9

2. Mitigation proposals shall provide mitigation at a 1:1, at a minimum, by area of 10

overwater cover to mitigation action using any of the potential measures listed 11

under SMP 03.10.400(I)(4) below. Applicants should consult with other permit 12

agencies, such as WDFW and/or U.S. Army Corps of Engineers, for additional 13

specific mitigation requirements. 14

3. Applicants wishing to propose an alternate mitigation strategy may submit a 15

mitigation plan prepared by a qualified professional that provides one unit of 16

mitigation for each unit of lost function unless justified as outlined in SMP 17

03.10.230, Environmental Protection. The type and degree of potential adverse 18

impacts typically associated with private moorage structures varies considerably 19

by waterbody, location within a waterbody, and design of the structure. 20

Potential adverse impacts may include substrate disturbance and alteration, 21

vegetation disturbance or alteration, increases in sensitive species predation, 22

increases in shoreline hardening, or reduction in presence or benefit of 23

terrestrial vegetation adjacent to the water, among others. The mitigation 24

provided shall be consistent with SMP 03.10.230, Environmental Protection. 25

The proposed mitigation plan shall include a discussion of how the proposed 26

mitigation adequately compensates for any lost or modified functions. 27

4. For new development and modification or reconstruction of legally existing 28

structures, appropriate mitigation may include one or more of the following 29

measures, or other measures when consistent with objective of compensating for 30

adverse impacts to ecological function: 31

a. Removal of any additional legal existing overwater and/or in-water 32

structures that are not the subject of the application or are not otherwise 33

required to be removed because they are not legal. 34

b. For dock additions, partial dock replacements, or other modifications 35

approved under this section, replacement of areas of existing, solid 36

overwater cover with grated material or use of grating on those altered 37

portions of piers if they are not otherwise required to be grated. 38

c. Planting of native vegetation along the shoreline immediately landward 39

of the OHWM consisting of trees and/or shrubs native to Stevens 40


confirm..

April 2016


County and typically found in undisturbed areas adjacent to the subject 1

waterbody. When shoreline plantings are the only mitigation option for 2

a given dock proposal, the additional overwater cover shall be 3

compensated for at a 1:1 planting area ratio (unless modified as 4

described in SMP 03.10.230, Environmental Protection) with required 5

trees planted on 10-foot centers and/or shrubs planted on 5-foot centers. 6

Native groundcover can be supplemental to the planted shoreline area, 7

but does not count toward the total square footage requirement. 8

Applicants may utilize species found on the native plant list on file at the 9

County. 10

d. Removal or ecological improvement of hardened shoreline, including 11

existing launch ramps or hard structural shoreline stabilization. 12

Improvements may consist of softening the face and toe of the 13

stabilization with soil, gravel, and/or cobbles and incorporating 14

vegetation or organic material. 15

e. Removal of manmade debris waterward of the OHWM, such as oil 16

drums, concrete or asphalt debris, remnant docks, or other material 17

detrimental to ecological functions and ecosystem-wide processes. 18

f. Recruitment of organic material if consistent with local, state, and/or 19

federal regulations. 20

g. Participation in an approved mitigation banking or in-lieu-fee program. 21

J. Replacement of Existing Docks.2 Proposals involving replacement of the entire 22

existing private dock or 75 percent or more of the dock support piles are considered a 23

new moorage facility and must meet the dimensional, materials and mitigation 24

standards for new private docks as described in this Section except the Shoreline 25

Administrator may approve an alternative design if it meets all of the following criteria: 26

1. As applicable, Federal agencies have already approved the proposal; 27

2. The total square footage of the replacement structure is no larger than the 28

existing dock; 29

3. The maximum width for the portion of the dock located within 30 feet of the 30

OHWM shall not be greater than the width allowed for new docks under SMP 31

03.10.400(D) above; 32

4. Replacement piles shall meet the spacing and material specifications under SMP 33

03.10.400 (D) above; and 34

2 Nonconforming dock facilities are governed by regulations found in SMP Section 03.10.620, Nonconforming

Structures.

April 2016


5. Decking and deck materials shall meet the specifications under SMP 03.10.400 1

(D) above. 2

K. Additions to Private Dock. Proposals involving the modification and/or enlargement of 3

existing private docks must comply with the following measures: 4

1. The applicant must demonstrate to the satisfaction of the responsible local 5

government that there is a need for the enlargement of an existing dock. 6

Proposals that demonstrate an enlargement is necessary due to safety concerns 7

or inadequate depth of water will be considered. 8

2. Enlarged portions of docks must comply with the dimensional, design, 9

materials, and mitigation standards for new private docks as described in SMP 10

03.10.400 (I). Dock additions that result in the completed structure exceeding 11

the area limits for reasons not specifically allowed above may only be approved 12

through a Shoreline Variance. 13

L. Repair of Existing Private Dock: 14

1. Repair proposals which replace 75 percent or greater of the existing 15

dock-support piles are considered replacement docks and must comply with 16

requirements for Replacement Docks. 17

2. All proposed replacement piles shall be the minimum size allowed by 18

site-specific engineering or design considerations. 19

3. Pentachlorophenol, creosote, chromated copper arsenate, or comparably toxic 20

compounds shall not be utilized to repair piles or as treatments for replacement 21

piles. 22

4. Repair proposals which replace 50 percent or more of the decking must use 23

grating as specified above. 24

5. Other repairs to existing legally established moorage facilities where the nature 25

of the repair is not described in the above subsections shall be considered minor 26

repairs and are permitted, consistent with all other applicable codes and 27

regulations. If the cumulative repair proposed over a 3-year period exceeds 28

thresholds established for reconstructed or repaired piers listed above in this 29

Section, the current repair proposal shall be reviewed under those replacement 30

provisions. 31

03.10.410 Recreational Development 32

A. General Preferences 33

1. Recreational uses and facilities shall include features that relate to access, 34

enjoyment, and use of the Partnership’s shorelines. 35

Commented [A306]: WAC 173-26-241(3)(i)

Provisions in WAC are not very specific for recreation

Commented [A307]: WAC 173-26-241(3)(i)

April 2016


2. Both passive and active shoreline recreation uses are allowed. 1

3. Water-oriented recreational uses and activities are preferred in shoreline 2

jurisdiction. Water-dependent recreational uses shall be preferred as a first 3

priority and water-related and water-enjoyment recreational uses as a second 4

priority. 5

4. Existing passive recreational opportunities, including hunting, angling, nature 6

appreciation, primitive trails where motorized vehicles are not allowed, and 7

environmental interpretation shall be maintained. 8

5. Preference shall be given to the development and enhancement of public access 9

to the shoreline to increase fishing, boating, and other water-related recreational 10

opportunities. 11

B. General Performance Standards 12

1. The potential adverse impacts of all recreational uses shall be mitigated and 13

adequate provisions for shoreline rehabilitation shall be made part of any 14

proposed recreational use or development to ensure no net loss of shoreline 15

ecological function. 16

2. Sites with fragile and unique shoreline conditions, such as high-quality wetlands 17

and wildlife habitats, shall be used only for non-intensive recreation activities 18

such as trails, viewpoints, interpretive signage, and similar passive and low-19

impact facilities that result in no net loss of shoreline ecological function and do 20

not require the construction and placement of permanent structures. 21

3. Use of chemical fertilizers and pesticides should be avoided at recreational 22

developments in shoreline environments. New recreational developments shall 23

be designed to avoid their use. Where their use is required, such use shall be 24

minimized. Measures shall be taken to avoid pesticides and fertilizers leaching 25

into soils and nearshore hyporheic zones in shorelines. The proponent shall 26

specify the BMPs to be used to prevent these applications and resultant leachate 27

from entering adjacent waters. 28

4. Recreational developments shall be located and designed to preserve, enhance, 29

or create scenic views and vistas. 30

5. In approving shoreline recreational developments, the Shoreline Administrator 31

shall ensure that the development will maintain, enhance, or restore desirable 32

shoreline features including unique and fragile areas, scenic views, and aesthetic 33

values. The Shoreline Administrator may, therefore, adjust or prescribe project 34

dimensions, on-site location of project components, intensity of use, screening, 35

lighting, parking, and setback requirements. 36

C. Signs indicating the public’s right to access shoreline areas shall be installed and 37

maintained in conspicuous locations at all points of access. 38

April 2016


D. Recreational developments shall provide facilities for non-motorized access to the 1

shoreline, such as pedestrian and bicycle paths and equestrian access, as applicable. 2

New motorized vehicle access shall be located and managed to protect riparian, 3

wetlands, and shrub steppe habitat functions and value. 4

E. Proposals for recreational developments shall include a landscape plan indicating how 5

self-sustaining native plant communities are incorporated into the proposal to maintain 6

ecological functions. The removal of on-site native vegetation shall be limited to the 7

minimum necessary for the development of permitted structures or facilities and shall 8

be consistent with provisions of SMP Section 03.10.240, Shoreline Vegetation 9

Conservation, and Article V, Critical Areas. 10

F. Accessory uses and support facilities, such as maintenance facilities, utilities, and other 11

non-water-oriented uses, shall be consolidated and located in upland areas outside 12

shoreline, wetland, and riparian buffers unless such facilities, utilities, and uses are 13

allowed in shoreline buffers based on the regulations of this SMP. 14

G. The placement of picnic tables, playground apparatus, and other similar minor 15

components within the floodways shall be permitted, provided such structures are 16

located and installed in such a manner as to prevent them from being swept away 17

during a flood event. 18

H. Recreational facilities shall make adequate provisions, such as screening, landscaping 19

buffer strips, fences, and signs, to prevent trespass upon adjacent properties and to 20

protect the value and enjoyment of adjacent or nearby private properties and natural 21

areas, as applicable. 22

I. Recreational facilities or structures are only allowed to be built over water when they 23

provide public access or facilitate a water-dependent use and shall be the minimum size 24

necessary to accommodate the permitted activity. 25

J. Recreational developments shall make adequate provisions for all of the following 26

items: 27

1. On-site and off-site access and, where appropriate, equestrian access 28

2. Appropriate water supply and waste disposal methods 29

3. Security and fire protection 30

K. Structures associated with recreational development shall not exceed 35 feet in height, 31

except when such structures document that the height beyond 35 feet will not obstruct 32

the view of a substantial number of adjoining residences, as noted in SMP Section 33

03.10.210, Development Standards. 34

L. Recreational development shall minimize effective impervious surfaces in shoreline 35

jurisdiction and incorporate low-impact development techniques. 36

April 2016


03.10.420 Residential Development 1

A. Single-family residential development is a preferred use when it is developed in a 2

manner consistent with SMP provisions. 3

B. Residential development shall be located and constructed to result in no net loss of 4

shoreline ecological function. No net loss of shoreline ecological functions shall be 5

ensured through the implementation of buffers specified in Article V, Critical Areas, 6

and other provisions of this SMP related to shoreline stabilization, vegetation 7

management, and on-site sewage disposal. 8

C. Lots for residential use shall have a maximum density no greater than that which will 9

be consistent with local comprehensive plans and zoning regulations. 10

D. Lot density and number for residential use may be further limited by other provisions, 11

including goals, policies, and use regulations of this SMP. 12

E. Accessory uses and structures shall be located outside of the riparian buffer, unless the 13

structure is or supports a water-dependent use. Storage structures to support water-14

related uses are not water-dependent uses and, therefore, shall be located outside of the 15

riparian buffer. 16

F. All residential development shall be located or designed in such a manner as to prevent 17

measurable degradation of water quality from stormwater runoff. Adequate mitigation 18

measures shall be required and implemented where there is the reasonable potential for 19

such adverse effect on water quality. 20

G. New shoreline residences and appurtenant structures shall be sufficiently set back from 21

steep slopes and shorelines vulnerable to erosion so that structural improvements, 22

including bluff walls and other shoreline stabilization and flood-control structures, are 23

not necessary to protect proposed residences and associated uses. 24

H. New floating residences and overwater residential structures are prohibited in shoreline 25

jurisdiction. 26

I. New, multi-unit residential development, including duplexes, fourplexes, and the 27

subdivision of land into five or more lots, shall make adequate provisions for public 28

access consistent with the regulations set forth in SMP 03.10.260, Public Access. 29

J. Fences associated with single-family residences and multi-family structures and their 30

appurtenances shall not obstruct existing visual access to shorelines from public 31

rights-of-way. 32

K. New residential development shall connect with sewer systems, when available. 33

L. All new residential development shall meet the vegetation management provisions 34

contained in SMP 03.10.240, Shoreline Vegetation Conservation, and SMP 03.10.520, 35

Fish and Wildlife Habitat Conservation Areas. 36

Commented [A308]: WAC 173-26-241(3)(j)

Commented [A309]: WAC 173-26-241(3)(j)

Commented [A310]: WAC 173-26-241(3)(j)

Commented [A311]: WAC 173-26-241(3)(j)

Commented [A312]: WAC 173-26-241(3)(j)

Commented [A313]: WAC 173-26-241(3)(j)

Commented [A314]: WAC 173-26-241(3)(j)

Commented [A315]: WAC 173-26-241(3)(j)

April 2016


M. Residential development clustering may be required by the Shoreline Administrator 1

where appropriate to minimize ecological and visual impacts on shorelines, including 2

minimization of impacts on shoreline vegetation consistent with SMP 03.10.240, 3

Shoreline Vegetation Conservation. 4

03.10.430 Shoreline Habitat and Natural Systems Enhancement Projects 5

A. Shoreline restoration and enhancement activities designed to restore or enhance 6

shoreline ecological functions and processes and/or shoreline features should be 7

targeted toward meeting the needs of sensitive and/or regionally important plant, fish, 8

and wildlife species, and shall be given priority. 9

B. Shoreline restoration, enhancement, and mitigation activities designed to create 10

dynamic and sustainable ecosystems to assist the Partnership in achieving no net loss of 11

shoreline ecological functions are preferred. 12

C. Restoration activities shall be carried out in accordance with an approved shoreline 13

restoration plan and in accordance with the provisions of this SMP. 14

D. To the extent possible, restoration, enhancement, and mitigation activities shall be 15

integrated and coordinated with other parallel natural resource management efforts, 16

such as those identified in the shoreline restoration plan. 17

E. Habitat and beach creation, expansion, restoration, and enhancement projects may be 18

permitted subject to required state or federal permits when the applicant has 19

demonstrated that: 20

1. The primary objective is clearly restoration or enhancement of the natural 21

character or ecological function of the shoreline; 22

2. The project will not adversely impact spawning, nesting, or breeding Fish and 23

Wildlife Habitat Conservation Areas; 24

3. Upstream or downstream properties or Fish and Wildlife Habitat Conservation 25

Areas will not be adversely affected; 26

4. Water quality will not be degraded; 27

5. Flood storage capacity will not be degraded; 28

6. Impacts to critical areas and buffers will be avoided and where unavoidable, 29

minimized and mitigated; and 30

7. The project will not interfere with the normal public use of the navigable waters 31

of the state. 32

F. The Shoreline Administrator shall review the projects for consistency with this SMP in 33

an expeditious manner and shall issue its decision along with any conditions within 45 34

Commented [A316]: WAC 173-26-241(3)(j)

Master programs shall include standards for the creation of new residential lots through land division that accomplish the following: (i) Plats and subdivisions must be designed, configured and developed in a manner that assures that no net loss of ecological functions results from the plat or subdivision at full build-out of all lots.

Commented [A317]: WAC 173-26-231(3)(g)

Master programs should include provisions fostering habitat and natural system enhancement projects. Such projects may include shoreline modification actions such as modification of vegetation, removal of nonnative or invasive plants, shoreline stabilization, dredging, and filling, provided that the primary purpose of such actions is clearly restoration of the natural character and ecological functions of the shoreline. Master program provisions should assure that the projects address legitimate restoration needs and priorities and facilitate implementation of the restoration plan developed

Commented [A318]: Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines.

April 2016


days of receiving all materials necessary to review the request for exemption from the 1

applicant (see SMP 03.10.770). 2

03.10.440 Shoreline Stabilization 3

A. Shoreline restoration and enhancement activities designed to restore shoreline 4

ecological functions and processes and/or shoreline features should be targeted toward 5

meeting the needs of sensitive and/or regionally important plant, fish, and wildlife 6

species and shall be given priority. 7

B. Except for existing dam facilities and operations, new shoreline stabilization for new 8

development is prohibited unless it can be demonstrated that reasonable use of a lot or 9

parcel legally created prior to the effective date of this program is precluded without 10

shore protection or is necessary to restore ecological functions or hazardous substance 11

remediation. 12

C. Proposed designs for new or expanded shoreline stabilization shall be designed using 13

biotechnical design approaches and techniques in accordance with applicable state 14

guidelines unless a qualified engineer and biotechnical bank protection practitioner 15

demonstrates that only conventional riprap or bulkheading will stabilize the shoreline. 16

D. Shoreline stabilizations must incorporate the most current scientific and technical 17

information available. They must demonstrate that future stabilization measures would 18

not be required on the project site or adjacent properties and must be certified by a 19

qualified professional. 20

E. Land subdivisions and lot line adjustments shall be designed to ensure that future 21

development of the newly created lots will not require structural stabilization for 22

subsequent development to occur. 23

F. Except for existing dam facilities and operations, new or expanded structural shoreline 24

stabilization is prohibited except when necessity is demonstrated consistent with the 25

requirements of WAC 173-26-231(3)(a)(iii). Necessity is demonstrated through 26

conclusive evidence documented by a geotechnical analysis that there is a significant 27

possibility that the structure will be damaged within 3 years as a result of shoreline 28

erosion caused by wind/wave action or other hydraulic forces and only when significant 29

adverse impacts are mitigated to ensure no net loss of shoreline ecological functions 30

and/or processes. 31

G. Replacement of an existing shoreline stabilization structure with a similar structure is 32

permitted if there is a demonstrated need to protect existing primary uses, structures, or 33

public facilities, including roads, bridges, railways, irrigation, and utility systems from 34

erosion caused by stream undercutting or wave action. The existing shoreline 35

stabilization structure will be removed from the shoreline as part of the replacement 36

activity. Replacement walls or bulkheads shall not encroach waterward of the OHWM 37

or existing structure unless the facility was occupied prior to January 1, 1992, and there 38

are overriding safety or environmental concerns. Proposed designs for new or 39

Commented [A319]: 173-26-231(3)(a)(iii)

Commented [A320]: 173-26-231(3)(a)(iii)(B)

(B) New structural stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: (IV) To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to chapter 70.105D RCW when all of the conditions

below apply: • Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient. • The erosion control structure will not result in a net loss of shoreline ecological functions.

Commented [A321]: 173-26-231(3)(a)(iii)(A) New development should be located and designed to avoid the need for future shoreline stabilization to the extent feasible. Subdivision of land must be regulated to assure that the lots created will not require shoreline stabilization in order for reasonable development to occur using geotechnical analysis of the site and shoreline characteristics. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis. New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas should not be allowed.

Commented [A322]: 173-26-231(3)(a)(iii)(E)

When any structural shoreline stabilization measures are demonstrated to be necessary, pursuant to above provisions. • Limit the size of stabilization measures to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses.

Commented [A323]: 173-26-231(3)(a)(iii)(A)

Commented [A324]: 173-26-231(3)(a)(iii)(A)

Commented [A325]: 173-26-231(3)(a)(iii)(D)

Commented [A326]: 173-26-231(3)(a)(iii)(C)

http://app.leg.wa.gov/RCW/default.aspx?cite=70.105D

April 2016


expanded shore stabilization shall be in accordance with applicable state guidelines and 1

certified by a qualified professional. 2

H. Shoreline stabilization projects that are part of a fish habitat enhancement project 3

meeting the criteria of RCW 77.55.181 will be authorized through an exemption from 4

the requirement for a Substantial Development Permit. 5

I. Small-scale shoreline stabilization projects (e.g., tree planting projects or other 6

minimally intrusive enhancements) shall be reviewed by a qualified professional to 7

ensure that the project has been designed using the most current scientific and technical 8

information available. 9

J. Large-scale or more complex shoreline stabilization projects (e.g., projects requiring fill 10

or excavation, placing objects in the water, or hardening the bank) shall be designed by 11

a qualified professional using the most current scientific and technical information 12

available. The applicant may be required to have a qualified professional oversee 13

construction or construct the project. 14

K. New stabilization structures, when found to be necessary, will implement the following 15

standards: 16

1. Limit the size of the project to the minimum amount necessary 17

2. Include measures to ensure no net loss of shoreline ecological functions 18

3. Use biotechnical bank stabilization techniques unless those are demonstrated to 19

be infeasible or ineffective before implementing conventional structural 20

stabilization measures such as riprap or bulkheading. 21

03.10.450 Transportation: Trails, Roads, and Parking 22

A. New or expanded motor vehicle and rail transportation facilities shall not be located 23

within shoreline jurisdiction, unless one of the following conditions occurs: 24

1. The proponent demonstrates that no feasible upland alternatives exist. 25

2. The project represents the minimum development necessary to serve another 26

specific, localized, and permitted shoreline use. 27

3. In the case of a water crossing, the proponent demonstrates that the project is 28

necessary to further a substantial public interest. 29

B. When new roads or road expansions are unavoidable in shoreline jurisdiction, proposed 30

transportation facilities shall be planned, located, and designed to achieve the following 31

objectives: 32

1. Meet mitigation sequencing provisions of SMP 03.10.230, Environmental 33

Protection 34

Commented [A327]: 173-26-231(3)(a)(iii)(E)

Commented [A328]: WAC 173-26-241(3)(k)

Commented [A329R328]: Provisions in WAC are not very

specific

Commented [A330]: Plan, locate, and design proposed transportation and parking facilities where routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water-dependent uses. Where other options are available and feasible, new roads or road expansions should not be built within shoreline jurisdiction.

April 2016


2. Avoid adverse impacts on existing or planned water-oriented uses 1

3. Set back from the OHWM to allow for a usable shoreline area for vegetation 2

conservation and any preferred shoreline uses unless infeasible 3

4. First avoid and then minimize grading, vegetation clearing, and alterations of 4

the natural topography 5

5. Use BMPs for preventing erosion and degradation of surface water quality 6

C. Improvements to existing motor vehicle and rail transportation facilities shall not 7

interfere with pedestrian and bicycle access and shall, whenever possible, provide for 8

expanding and enhancing pedestrian and bicycle transportation facilities. 9

D. Transportation facilities and services for motor vehicles and rail shall use existing 10

transportation corridors whenever possible. 11

E. Developing, improving, and expanding pedestrian and bicycle transportation facilities 12

are allowed within all environments except the Natural environment designation. 13

Pedestrian and bicycle transportation facilities are a preferred use wherever they are 14

compatible with protecting the natural character, resources, and ecology of the 15

shoreline and preventing any net loss of ecological function. 16

F. Pedestrian and bicycle transportation facilities shall be designed, located, and 17

constructed consistent with the policies and regulations for public access as provided in 18

SMP 03.10.260, Public Access, of this SMP. Linkage among shoreline parks, 19

recreation areas, and public access points is encouraged, when feasible. 20

G. Parking facilities are not a water-dependent use and shall only be permitted in the 21

shoreline jurisdiction to support an authorized use where it can be demonstrated to the 22

satisfaction of the Shoreline Administrator that there are no feasible alternative 23

locations away from the shoreline. Parking as a primary use shall not be allowed 24

within 50 feet of edge of riparian vegetation corridor. Accessory parking facilities shall 25

be subject to the same permit type as the primary use. 26

H. Accessory parking facilities shall be planned to avoid or minimize adverse effects on 27

unique or fragile shoreline features and shall not result in a net loss of shoreline 28

ecological functions or adversely affect existing or planned water-dependent uses. 29

Parking facilities shall be located upland of the principal structure, building, or 30

development they serve and preferably outside of shoreline jurisdiction, except: 31

1. Where the proponent demonstrates that an alternate location would reduce 32

adverse impacts on the shoreline and adjacent uses, 33

2. Where another location is not feasible, and/or 34

3. Except when ADA standards require otherwise. 35

Commented [A331]: WAC 173-26-241(3)(k)

Commented [A332]: Plan, locate, and design proposed transportation and parking facilities where routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water-dependent uses. Where other options are available and feasible, new roads or road expansions should not be built within shoreline jurisdiction.

April 2016


In such cases, the applicant shall demonstrate use of measures to reduce adverse 1

impacts of parking facilities in shoreline jurisdiction, such as low-impact development 2

techniques, buffering, or other measures approved by the Shoreline Administrator. 3

I. Minimized, unavoidable adverse impacts to shoreline resources and ecological function 4

associated with developing ADA-compliant parking shall be fully mitigated under the 5

provisions of this SMP. 6

J. Parking facilities shall be landscaped in a manner to minimize adverse visual and 7

aesthetic impacts on adjacent shoreline and abutting properties. 8

K. All forms of transportation facilities shall, wherever feasible, consolidate water 9

crossings and make joint use of rights-of-way with existing or planned future primary 10

utility facilities and other transportation facility modalities. 11

L. Improvements to all existing transportation facilities shall provide for the 12

reestablishment and enhancement of natural vegetation along the shoreline when 13

appropriate. 14

M. If located in the side yard or waterward side of a structure, loading areas shall be 15

screened from view of pedestrians on either side of the waterway. The visual screen 16

shall be composed of a fence or wall with trees and shrubs consistent with local 17

landscape standards. 18

N. Shoreline crossings and culverts shall be designed to minimize adverse impacts on 19

upland, riparian and aquatic habitat within shoreline jurisdiction, and shall designed and 20

constructed to maintain or re-establish fish passage. See SMP 03.10.520, Fish and 21

Wildlife Habitat Conservation Areas, for regulations governing crossings of non-22

shoreline streams located in shoreline jurisdiction. 23

O. Trails shall be designed consistent with public access requirements in SMP 03.10.260, 24

Public Access. 25

03.10.460 Utilities 26

A. Non-water-oriented utility production, processing, and transmission facilities are 27

permitted in shoreline jurisdiction only if no practical upland alternative or location 28

exists. New primary utility production and processing facilities or parts of those 29

facilities, such as power plants, solid waste storage, or disposal facilities that are non-30

water-oriented, should not be permitted within shoreline jurisdiction unless no other 31

options are feasible. 32

B. The principal uses permitted by this section include facilities within the High Intensity 33

environment(e.g., hydropower generating dams) and other facilities, including sewage 34

collection, holding, transfer and treatment pipelines, tanks, structures, containment 35

facilities, and buildings. Accessory facilities are also permitted, including, but not 36

limited to: 37

Commented [A333]: WAC 173-26-241(3)(k)

Shoreline master programs shall include policies and regulations to minimize the environmental and visual impacts of parking facilities.

Commented [A334]: WAC 173-26-241(3)(k)

Shoreline master programs shall include policies and regulations to minimize the environmental and visual impacts of parking facilities.

Commented [A335]: WAC 173-26-241(3)(l)

Commented [A336]: WAC 173-26-241(3)(l)

April 2016


1. Plant monitoring and control facilities and on-site administrative offices 1

2. Plant access and logistical facilities such as storage areas and material handling 2

ramps and facilities, including utility delivery (electrical and communication) 3

facilities 4

3. Plant security and safety features such as fences and signage 5

4. Other accessory or auxiliary uses or features, necessary to the effective and 6

efficient operation of the plant, which cannot feasibly be located outside the 7

shoreline jurisdiction 8

C. Expansion of existing primary utility facilities within shoreline jurisdiction must 9

demonstrate: 10

1. The expansion is designed to protect adjacent shorelands from erosion, 11

pollution, or other environmentally detrimental factors during and after 12

construction. 13

2. The project is planned to fit existing natural topography as much as practical 14

and avoid alteration of the existing natural environment. 15

3. Debris, overburden, and other construction waste materials shall be disposed of 16

so as to prevent erosion or pollution of a waterbody. 17

D. New primary utility facilities and expansions shall include provisions to control the 18

quantity and quality of surface water runoff to natural waterbodies, using BMPs to 19

retain natural flow rates. A maintenance program to ensure continued proper 20

functioning of such new facilities shall be required. 21

E. Applications for installation of utility facilities other than water-dependent facilities 22

within the High Intensity environment shall include all of the following (at a 23

minimum): 24

1. Reason why the utility facility must be in shoreline jurisdiction 25

2. Alternative locations considered and reasons for their elimination 26

3. Location of the same, similar, or other utility facilities in the vicinity of the 27

proposed project 28

4. Proposed method(s) of construction 29

5. Plans for reclamation of areas to be disturbed during construction 30

6. Landscape plans 31

7. Methods to achieve no net loss of ecological function and minimize clearing of 32

native vegetation 33

April 2016


8. Consistency with local plans for utilities, where such plans exist 1

F. Applications for installation of utility facilities shall include all of the following (at a 2

minimum): 3

1. Proposed method(s) of construction 4

2. Plans for reclamation of areas to be disturbed during construction 5

3. Landscape plans 6

4. Methods to achieve no net loss of ecological function and minimize clearing of 7

native vegetation 8

G. Where feasible, utilities shall be consolidated within a single easement and use existing 9

rights-of-way. Any utility, which must cross shoreline jurisdiction, shall be designed 10

and operated to reserve the option of general public recreational use of the right-of-way 11

in the future. This option shall be exercised by the public only where: 12

1. The public will not be exposed to dangers from the utility equipment, and 13

2. The utility itself will not be subjected to unusual risks of damage by the public. 14

H. In areas where utilities must cross shoreline jurisdiction, they shall do so by the most 15

direct route feasible, unless such a route would negatively affect an environmentally 16

critical area, obstruct public access to the shoreline, or interfere with the navigability of 17

a waterbody regulated by this SMP. See SMP 03.10.520, Fish and Wildlife Habitat 18

Conservation Areas, for regulations governing crossings of streams with less than 20 19

cubic feet per second mean annual flow located in shoreline jurisdiction. 20

I. Utility facilities shall be designed and located in a manner that protects scenic views 21

and minimizes adverse aesthetic impacts. 22

J. New utilities, which must be constructed across shoreline jurisdiction in previously 23

undisturbed areas, must submit a mitigation plan demonstrating the restoration of the 24

shoreline to at least its existing condition. Upon completion of utility installation or 25

maintenance, any disturbed areas shall be regraded to be compatible with the natural 26

terrain of the area and revegetated with appropriate native plants to prevent erosion. 27

K. Outside of the High Intensity environment, all underwater pipelines or those paralleling 28

the waterway transporting liquids potentially injurious to aquatic life or water quality 29

shall be prohibited, unless no other alternative exists to serve a public interest. In those 30

limited instances where permitted, shut-off valves shall be provided at both sides of the 31

waterbody except for public sanitary sewers of a gravity or siphon nature. In all cases, 32

no net loss of ecological functions shall be maintained. 33

L. Where utilities cannot cross a shoreline waterbody via a bridge or other existing water 34

crossing, the utilities shall evaluate site-specific habitat conditions and demonstrate 35

Commented [A337]: WAC 173-26-241(3)(l)

Commented [A338]: WAC 173-26-241(3)(l)

April 2016


whether impacts can be mitigated to negatively impact substrate or whether utilities 1

will need to be bored beneath the waterbody such that the substrate is not disturbed. 2

Construction of pipelines placed under aquatic areas shall be placed in a sleeve to avoid 3

the need for excavation in the event of a failure in the future. 4

M. Minor trenching to allow the installation of necessary underground pipes or cables is 5

allowed if no alternative, including boring, is feasible, and if: 6

1. Impacts on fish and wildlife habitat are avoided to the maximum extent 7

possible. 8

2. The utility installation shall not increase or decrease the natural rate, extent, or 9

opportunity of channel migration. 10

3. Appropriate BMPs are employed to prevent water quality impacts or other 11

environmental degradation. 12

N. Utility installation and maintenance operations shall be conducted in a manner that does 13

not negatively affect surface water quality or quantity. Applications for new utility 14

projects in shoreline jurisdiction shall include a list of BMPs to protect water quality. 15

April 2016


Article V. Critical Areas 1

(The County has elected to incorporate the County’s 2011 CAO into the SMP for critical areas 2

within shoreline jurisdiction. This section includes proposed critical area provisions that apply to 3

the critical areas within the Partnership’s shoreline jurisdiction. The proposed regulations are 4

based off of County’s 2011 CAO, further updated to meet the requirements of the SMA. 5

Updates are shown as redline revisions to show changes required for SMA consistency.) 6

03.10.500 General Provisions 7

A. Title and Authority 8

A. Purpose and Introduction 9

1. The Partnership shall regulate in shoreline jurisdiction all uses, activities, and 10

development within, adjacent to, or likely to affect one or more critical areas 11

2. The purpose of Article V, Critical Areas, is to: 12

a. Define, identify, and protect critical areas as required by the GMA of 13

1990 (Chapter 17, Laws of 1990) and the SMA (RCW 90.58) through 14

the application of the most current scientific and technical information 15

available. 16

b. The purpose of this Title is to comply with the mandate of RCW Chapter 17

36. 70A, the Growth Management Act, and to the extent required by said 18

chapter, to Pprotect the public health, safety and general welfare by 19

providing reasonable and effective regulations to: 1) 20

i. cConserve, protect and maintain the functions and values of 21

regulated critical areas, 2) to 22

ii. Pprevent harm to the public health, safety and general welfare 23

from potential hazards associated with certain critical areas; and, 3) 24

to s 25

i.iii. Support the overall goal of Washington State to assure the 26

protection of wetlands. 27

2. Critical areas, as defined in WAC 365-190-080, include… 28

3. The purpose of this title is to: 29

a. Classify, designate and protect critical areas, 30

b.c. Promote innovative, efficient design of proposed land use and 31

development activities, 32

April 2016


c.d. Assist in orderly development, limit incompatible uses, and when 1

appropriate, guide development to more suitable areas. 2

4.3. "Classifying and designating critical areas" does not necessarily imply a change 3

in a landowner's right to use his or her land. "Limiting incompatible uses" does 4

not mean a prohibition of all development, but means governing new 5

development(s) that could adversely affect designated critical areas. 6

5.4. This Title Article provides specific protection requirements for each category of 7

critical areas. While preservation and protection of critical areas is of 8

paramount importance, it is not the intent of this Title Article to totally prohibit 9

alteration or impacts to critical areas or associated buffers. Rather, this Title 10

Article defines a process and protection requirements intended as a framework 11

to manage the County's critical area lands responsibly, while achieving no net 12

loss of ecological function.providing for reasonable and economically viable 13

uses of private property. 14

B. Jurisdiction – Critical Areas in Shoreline Jurisdiction 15

1. Critical areas within shoreline jurisdiction, as defined in WAC 365-190-080, 16

include: 17

a. Wwetlands, a 18

b. Aquifer recharge areas, f 19

c. Fish and wildlife habitat conservation areas, f 20

d. Frequently flooded areas, and g 21

e. Geologically hazardous areas. 22

6.2. Wetlands, aquifer recharge and fish and wildlife habitat areas are considered 23

"critical" due to their value as a public resource. Frequently flooded and 24

geologically hazardous areas are considered "critical" due to the potential 25

hazards they present to public health, safety and general welfare. 1 26

B.C. Applicability and Intent 27

1. This Title Article shall be consistently applied to development proposals., 28

unless specifically exempted, under County jurisdiction within the 29

unincorporated areas of Stevens County. The regulations shall be liberally 30

construed to serve intended purposes. It is the intent that these regulations shall 31

be interpreted to respect constitutionally protected rights of private property to 32

the full extent recognized by the law of the United States of America and the 33

State of Washington. 34

Commented [A339]: WAC 173-26-221(2)(a)

April 2016


2. Any development proposal as defined herein shall require, unless specifically 1

exempted, review under this TitleArticle. The Stevens County Planning 2

Department and the Stevens County Building DepartmentShoreline 3

Administrator shall have responsibility for enforcement of this TitleArticle, as 4

specified in Chapter 13.40SMP 03.10.830, Enforcement. 5

2.3. Exemption from a Shoreline Substantial Development Permit, per SMP 6

03.10.770, is not an exemption from compliance with the SMA or this SMP, or 7

from any other regulatory requirements. 8

D. Most Current Scientific and Technical InformationBest Available Science 9

1. WAC 173.26.201(2)(a) requires the Partnership to identify and assemble the 10

most current, accurate, and complete scientific and technical information 11

available regarding the development of policies related to identification of and 12

policies governing management recommendations for critical areas. 13

2. Critical Area Reports, mitigation plans, and decisions to permit the alteration of 14

critical areas within the shoreline jurisdiction shall rely on the most current 15

scientific and technical information to ensure the protection of the ecological 16

functions and values of critical areas, and must give special consideration to 17

conservation or protection measures necessary to preserve or enhance 18

anadromous fish and their habitat. See also SMP Sections 03.10.560 and 570 19

for critical areas mitigation and review requirements. 20

3. The most current scientific and technical information that is consistent with 21

criteria established in WAC 173.26.201 (2)(a), and may include the following: 22

a. Maps and reference documents in the Stevens County Partnership’s 23

SMP Inventory, Characterization, and Analysis Report, as applicable 24

b. Aerial photographs 25

c. Critical area maps 26

i. Stevens CountyThe Partnership is currently has no adoptedis 27

relying upon the GIS data and associated mapping products from 28

the SMP update as the basis for regulatory maps designating 29

critical areas as defined in this Article. Protection requirements 30

have been designed to be applied upon submittal of an application 31

for land use and development activities. 32

d. The following maps are used as a guide to evaluate the potential 33

presence of critical areas: 34

i. WDFW Priority Habitats and Species maps 35

ii. WDFW Wildlife Heritage Point Observations 36

Commented [A340]: WAC 173.26.201(2)(a)

April 2016


iii. Washington Department of Natural Resources Water Types 1

iv. FEMA Flood Insurance Rate Maps 2

v. U.S. Geological Survey topographic quadrangle maps 3

vi. Soil Survey of Stevens County, Washington, by the U.S. 4

Department of Agriculture, Soil Conservation Service; 5

vii. National Wetland Inventory maps 6

viii. Eastern Washington University Wetland Inventory maps 7

ix. Inventory, Analysis, and Characterization Report mapping 8

products and associated GIS data set 9

e. These maps provide only approximate boundaries and locations. Due to 10

their scale and content, the maps are not considered a regulatory 11

standard or substitute for site-specific assessment. The actual location 12

and boundary(ies) of a critical area shall be based upon the presence of 13

the features applicable to each critical area element. 14

E. Use of Qualified Professionals 15

3.1. In order to adequately assess potential impacts of proposed development to 16

critical areas, the County Shoreline Administrator may require an applicant to 17

submit special reports, studies, surveys, mitigation and management plans, or 18

tests. The reports will provide environmental information and may contain 19

strategies and recommendations for maintaining critical areas and mitigating 20

unavoidable impacts. Any such report shall be prepared by a qualified 21

professional with documented expertise, as defined in SMP 03.10.860, 22

Definitions this Title, in the specified field. 23

4.2. Each report shall include the resume of the person or persons preparing the 24

report, including education and a list of any other relevant qualifications that 25

document expertise in the requisite field. Where licensing, registration, or 26

certification is required or available from the state, a federal agency, or a 27

professional organization, such licensing, registration or certification shall be 28

accepted as demonstrating the required expertise. The criteria set forth in WAC 29

365-195-905(4) shall inform the determination of whether a person is a 30

qualified professional within the meaning of this Title. 31

5.3. The applicant shall pay the costs incurred in the preparation of special reports, 32

studies, surveys, plans or tests. The applicant shall also pay the costs incurred 33

by the County Partnership jurisdiction when the County Shoreline 34

Administrator finds it necessary to engage technical consultants or staff for peer 35

review and interpretation of data and findings submitted by or on behalf of the 36

applicant. ( 37

April 2016


6.4. When the County Shoreline Administrator determines that a special report or 1

peer review or other technical assistance is required in order to appropriately 2

review and assess impacts to critical areas, the applicant shall be notified and 3

may be required to submit a monetary deposit to cover costs and/ or sign a 4

lJetter agreement ensuring payment of County costs. The County Partnership 5

shall withhold issuance of permits or approvals until payment has been made. 6

7.5. An applicant may choose to fund the hiring of a qualified professional by the 7

County Partnership jurisdiction to prepare necessary field studies and 8

recommendations regarding an application, rather than submitting a report that 9

must then be peer reviewed at additional cost. When an applicant submits 10

information or a report prepared by a technical expert employed by a local, state 11

or federal agency, peer review of the report or recommendations for the project 12

shall not be required. 13

C.F. Conflict of Regulations 14

1. If more than one Stevens County development regulation applies to any 15

development proposal or land use activity identified in this TitleArticle, then the 16

most restrictive regulation shall apply. 17

2. All statutory references to the Revised Code of Washington (RCW) and the 18

Washington Administrative Code (WAC) within this Title are taken from the 19

September 2001 editions. If any referenced RCW or WAC is amended after 20

adoption of this SMPTitle, the most current language or intent shall apply. 21

D. Definitions 22

E. Maps and Resource Information 23

F. Severability 24

03.10.510 Protection RegulationsWetlands 25

A. Regulated Activities within Critical Areas 26

B. Wetlands 27

1. Wetlands are defined as areas that are inundated or saturated by surface water or 28

ground water at a frequency and duration sufficient to support, and that under 29

normal circumstances do support, a prevalence of vegetation typically adapted 30

for life in saturated soil conditions. Wetlands generally include swamps, 31

marshes, bogs, and similar areas. Wetlands do not include those artificial 32

wetlands intentionally created from nonwetland sites, including, but not limited 33

to, irrigation and drainage ditches, grass-lined swales, canals, detention 34

facilities, wastewater treatment facilities, farm ponds, and landscape amenities, 35

or those wetlands created after July 1, 1990, that were unintentionally created as 36

a result of the construction of a road, street, or highway. Wetlands may include 37

April 2016


those artificial wetlands intentionally created from nonwetland areas created to 1

mitigate conversion of wetlands. 2

2. Wetlands help to protect the public health, safety, and welfare by providing the 3

following beneficial functions: 4

a. Flood storage, moderating surface and storm water flows. 5

b. Erosion control, the reduction of siltation. 6

c. Prime habitat for aquatic, terrestrial, and avian species. 7

d. Passive Recreation. 8

e. Water quality protection, the reduction of ground and surface waters 9

pollution. 10

f. Water storage. 11

g. Areas of recharge and discharge for lakes and groundwater aquifers. 12

h. Education and scientific research. 13

C.A. Classification 14

1. Wetland Types - Stevens County uses the Cowardin classification hierarchy 15

found on the NWI maps and described in the Classification of Wetlands and 16

Deepwater Habitats of the United States. This system classifies wetlands as 17

Marine, Estuarine, Palustrine, Lacustrine, and Riverine with modifiers for 18

hydrology, vegetation, soils, and water chemistry. This classification system is 19

used to identify the wetland type, not to rate or to place a value upon the 20

wetland. Stevens County contains only Palustrine, Lacustrine and Riverine 21

wetlands. 22

1. Classification and rating of wetlands will be done using the Washington State 23

Wetlands Rating System for Eastern Washington, Ecology Publication #14-06-24

030 (October 2014), which may be amended in the future (hereinafter referred 25

to as the Ecology Wetlands Rating System). 26

2. Wetland ratings classes shall include Wetland Categories 1 through 4, as scored 27

under the Ecology Wetlands Rating System. 28

2. Wetland Ratings - Stevens County uses the Washington State Department of 29

Ecology Wetlands Rating System for Eastern Washington. This ‘Four-Tier 30

Rating System’ separates wetlands into four categories based on their sensitivity 31

to disturbance, rarity, irreplaceability, and the functions and values they 32

provide. The complete definitions for each wetland category are located in the 33

above referenced manual. The following is a summary of the four categories: 34

April 2016


a. Category 1 wetlands (scoring 22 to 27 for all functions) generally are not 1

common and make up a small percentage of the wetlands in the state. 2

These are wetlands that: 1) are very valuable for a particular rare 3

species; 2) represent a high quality example of a rare wetland type; 3) 4

are rare within a given region; or, 4) provide irreplaceable functions and 5

values, i.e. they are impossible to replace within a human lifetime, if at 6

all. 7

b. Category 2 wetlands (scoring 19 to 21 for all functions) are those that: 1) 8

provide habitat for very sensitive or important wildlife or plants; 2) are 9

either difficult to replace; or 3) provide very high functions and values, 10

particularly for wildlife habitat. These wetlands occur more commonly 11

than Category 1 wetlands and need a high level of protection. 12

c. Category 3 wetlands (scoring 16 to 18 for all functions) are important 13

for a variety of wildlife species and occur more commonly throughout 14

the state than either Category 1 or 2 wetlands. Generally these wetlands 15

will be smaller, less diverse and/or more isolated than Category 2 16

wetlands. They will occur most frequently, be difficult to replace, and 17

need a moderate level of protection. 18

d. Category 4 wetlands (scoring less than 16 for all functions) are those 19

that are smaller, isolated and have less diverse vegetation. These are 20

wetlands that should be able to be replaced, and in some cases be able to 21

improve from a habitat standpoint. Replacements cannot be guaranteed 22

in any specific case. These wetlands provide important functions and 23

values. In some areas these wetlands may be providing important 24

groundwater recharge and water pollution prevention functions, and 25

therefore may be more important from a local point of view. They may 26

also be providing important flood stage capacity, and therefore be 27

important in reducing both the extent and frequency of flood events. 28

D.B. Designation 29

1. Areas that meet the classification criteria for Categories 1 through -4, as defined 30

in the Ecology Wetlands Rating SystemWashington State Department of 31

Ecology, Wetlands Rating System for Eastern Washington are designated as 32

wetlands in Stevens County. 33

1.2. The National Wetlands Inventory maps will be used to determine the 34

approximate distribution and extent of wetlands. 35

E.C. Delineation 36

1. Wetlands shall be identified and delineated using the methods and standards set 37

forth in the currently approved Federal Wetland Delineation Manual and 38

supplements. delineation shall be in accordance with the Washington State 39

Wetlands Identification and Delineation Manual for Eastern Washington. This 40

Commented [A341]: WAC 173-26-221(2)(c)(i)(B)

Commented [A342]: WAC 173-26-221(2)(c)(i)(B)

April 2016


is the wetland delineation manual to be used in determining wetland areas when 1

applying state and local government regulations under the Shoreline 2

Management Act and the Growth Management Act. This is a revised version of 3

the 1987 US Corps of Engineers manual. 4

F. Wetland Best Available Science Criteria - For the purpose of establishing development 5

regulations which protect the functions and values of wetlands within Stevens County, 6

the following scientific literature was determined to be relevant to Stevens County: 7

1. Wetland Buffers: Use and Effectiveness (Castelle et al, 1992). This document 8

summarizes buffer literature as of 1992. It evaluates several scientific 9

publications, an agency survey and field studies on buffer use and effectiveness. 10

It surveyed wetland regulations from several states as well as counties and cities 11

within Washington. After reviewing the literature, Castelle et al concluded: 12

a. Buffers less than 50 feet in width are usually ineffective in protecting 13

wetlands. 14

b. Generally, in Eastern Washington, wetlands with important wildlife 15

functions should have a 100-200 foot buffer. 16

c. In order to retain important wetland-dependant wildlife habitat, the plant 17

structure must be retained for 200-300 feet beyond the wetland. 18

2. Washington State Wetlands Rating System for Eastern Washington, DOE, 19

1991. This document develops the rating system that differentiates wetlands 20

according to specific characteristics or functional attributes. Only 4 pieces of 21

literature are cited in the document. However, the buffers presented are similar 22

to those within Castelle’s study. The recommended buffer zones are: 23

Category 1 200-300 feet




24

3. U.S. Army Corps of Engineers, Regulatory Guidance letter, Robert H. Griffin, 25

Director of Civil Works, 2001. This letter was intended to provide guidance for 26

compensatory mitigation for projects under the Corps Clean Water Act, Section 27

404a and Rivers and Harbors Act, Section 10. The letter states “normally, 28

vegetated buffers will be 50 feet wide or less on each side of a stream or other 29

open water area. All vegetated buffers should be designed to provide water 30

quality or aquatic habitat functions (e.g. shading, habitat for animals that require 31

aquatic and adjacent upland areas as habitat) and ecological value.” This letter 32

does not cite the specific science used to reach the recommendation of a 50-foot 33

buffer. Mr. Griffin’s thoughts are applicable to mitigation scenarios and should 34

be used with caution. 35

April 2016


4. The Science of Wetland Buffers and Its Implications for Management of 1

Wetlands, masters thesis by Andrew McMillan, 2000. This document 2

summarizes the science used for wetland buffers over the past 20-30 years. Mr. 3

McMillan reviews buffer literature in terms of: (1) buffers and water quality, (2) 4

buffers and wildlife habitat, (3) buffer protection, and (4) buffers and wetland 5

functions. This document analyzes several different methodologies for 6

determining buffers. The first and most easily implemented by local 7

government is the basic buffer method. The other methods are more labor 8

intensive or economically burdensome for staff or the applicant. Buffer zones 9

using the basic buffer method are as follows: 10

Category I High Intensity land use 300 feet

Low Intensity land use 200 feet

Category II High Intensity land use 200 feet


Category III High Intensity land use 100 feet


Category IV High Intensity land use 50 feet


11

a. High Intensity land uses include those activities that are associated with 12

moderate to high levels of human disturbance including, but not limited 13

to, residential development at greater densities of 1 dwelling unit per 5 14

acres, all multi-family residential development, commercial and 15

industrial development and active recreational development, such as ball 16

fields. 17

b. Low Intensity land uses include those that areas associated with low 18

levels of human use including, but not limited to, residential 19

development at densities of 1 dwelling unit per 5 acres or less, 20

agricultural or silviculture activities, passive recreational development 21

and open space 22

5. The above materials represent a review of scientific information developed over 23

the past 20 years. These documents present a long and consistent history of 24

buffer science, widths and management. In summary, the consensus of these 25

documents is that: 26

a. Buffers need to be at least 200 feet wide in order to adequately protect 27

sensitive species, rare plants or those which may be difficult to replace; 28

b. Buffers containing 100-200 feet are sufficient to maintain good water 29

quality and important wildlife habitat; and 30

c. Buffers containing less than 50 feet wide generally are degraded in 31

width over time and therefore become ineffective. 32

April 2016


G.D. Wetland Protection Requirements 1

1. Minimum Wetland Buffer Widths 2

a. The goal of this Title is to provide adequate buffers which maintain the 3

water quality, habitat and hydrologic functions of wetlands. The County 4

desires to implement a straightforward method that affords the applicant 5

some level of predictability and that is easy to apply. 6

a. The width of the wetland buffer shall be determined according to the 7

proposed land use per Table 03.10.510 (D)(1)(b) and wetland category 8

per Table 03.10.510(D)(1)(c). The following minimum standard 9

wetland buffers shall be required in accordance with the General Buffer 10

Requirements of SMP Section 13.20.01203.10.560.: 11

Category 1 Wetlands 200 feet




b. Land Use Intensity table describes the types of proposed land use that 12

can result in high, moderate, and low levels of impacts to adjacent 13

wetlands. 14

Table 03.10.510 (D)(1)(b). Land Use Intensity Table 15

Level of Impact from Proposed

Change in Land Use Types of Land Use Based on Common Zoning Designations

High

Commercial

Urban

Industrial

Institutional

Retail sales

Residential (more than one unit/acre)

High-intensity recreation (e.g., golf courses and ball fields)

Moderate

Residential (1 unit/acre or less)

Moderate-intensity open space (e.g., parks with biking and jogging)

Paved driveways and gravel driveways serving three or more

residences

Paved trails

Low

Low-intensity open space (e.g., hiking, bird-watching, and

preservation of natural resources)

Timber management

Gravel driveways serving two or fewer residences

Unpaved trails

Utility corridor without a maintenance road and little or no vegetation

management

16

Commented [A343]: WAC

Commented [A344]: Discuss with Partnership and Ecology to pare down uses to what is anticipated in County to help simplify

implementation.

April 2016


c. Wetland buffer widths are described in the Wetland Buffer Widths table. 1

Table 03.10.510 (D)(1)(c). Wetland Buffer Widths 2

Wetland Characteristics

Buffer Width by Impact of Proposed

Land Use

Other Measures

Recommended for

Protection

Category IV Wetlands (For wetlands scoring less than 16 points for all functions)

Score for all 3 basic functions is less than 16 points

Low – 25 feet Moderate – 40 feet High – 50 feet

No recommendations at this time

Category III Wetlands (For wetlands scoring 16 to 18 points or more for all functions)

Moderate level of function for habitat (score for habitat 5 to 7 points)

*If wetland scores 8 to 9 habitat points, use Category II buffers



Score habitat for 3 to 4 points Low – 40 feet Moderate – 60 feet High – 80 feet


Category II Wetlands (For wetlands that score 19 to 21 points or more for all functions or having the

“Special Characteristics” identified in the rating system)

High level of function for habitat (score for habitat 8 to 9 points)


Maintain connections to other habitat areas.




High level of function for water quality improvement and low for habitat (score for water quality 8 to 9 points; habitat less than 5 points)


No additional surface discharges of untreated runoff

Riparian forest Buffer width to be based on score for habitat functions or water quality functions

Riparian forest wetlands need to be protected at a watershed or subbasin scale

Other protection based on needs to protect habitat and/or water quality functions

Not meeting above characteristic Low – 50 feet Moderate – 75 feet High – 100 feet


Commented [A345]: Discuss with Partnership/PC and Ecology.

April 2016


Wetland Characteristics

Buffer Width by Impact of Proposed

Land Use

Other Measures

Recommended for

Protection

Vernal pool

Low –- 100 feet

Moderate –- 150 feet

High –- 200 feet

Or develop a regional plan to protect the most important vernal pool complexes – buffers of vernal pools outside protection zones can then be reduced to:

Low – 40 feet

Moderate –- 60 feet

High – 80 feet

No intensive grazing or tilling of wetland

Category I Wetlands (For wetlands that score 22 points or more for all functions or having the “Special Characteristics” identified in the rating system)

Wetlands of High Conservation Value


No additional surface discharges to wetland or its tributaries. No septic systems within 300 feet of wetland. Restore degraded parts of buffer.

High level of function for habitat (score for habitat 8 to 9 points)


Restore degraded parts of buffer. Maintain connections to other habitat areas




High level of function for water quality improvement (8 to 9 points) and low for habitat (less than 5 points)


No additional surface discharges of untreated runoff

Not meeting above characteristics Low – 50 feet Moderate – 75 feet High – 100 feet


1

b. Special provisions shall be required for wetlands associated with certain 2

lakes of statewide significance. 3

i. For purposes of this section and Title 13, the definition of lakes of 4

statewide significance shall be as set forth in RCW 5

90.58.030(2)(e)(iv), as of the effective date of this ordinance, for 6

shorelines of statewide significance: “Those lakes, whether natural, 7

artificial, or a combination thereof, with a surface acreage of one 8

thousand acres or more measured at the ordinary high water mark.” 9

April 2016


ii. Lakes of statewide significance that are wholly contained within 1

the geographic boundaries of Stevens County shall have a two 2

tiered wetland buffering system that distinguishes between high 3

intensity and low intensity uses for Category 1 and Category 2 4

wetlands. The wetland buffers shall be as follows: 5

Category I High Intensity land use 300 feet


Category II High Intensity land use 200 feet


6

iii. For purposes of this section and Title 13, high intensity and low 7

intensity uses are defined as follows (See SCC 13.10.024): 8

High intensity land uses include those activities that are 9

associated with moderate to high levels of human 10

disturbance including, but not limited to, residential 11

development at greater densities of 1 dwelling unit per 5 12

acres, all multi-family residential development, commercial 13

and industrial development and active recreational 14

development, such as ball fields. 15

Low Intensity land uses include those that areas associated 16

with low levels of human use including, but not limited to, 17

residential development at densities of 1 dwelling unit per 5 18

acres or less, agricultural or silviculture activities, passive 19

recreational development and open space. 20

2. Building Setback 21

a. A building setback of 10 feet shall be required from the outermost edge 22

of a Category 1 or 2 wetland buffer. The building setback is intended to 23

provide adequate room for construction, use and access without 24

infringing upon the critical area buffer. See Table 03.10.210(B), 25

Shoreline Development Standards Matrix for Stevens County the 26

Partnership. 27

3. National Wetlands Inventory (NWI) mapped wetlands 28

a. A wetlands rating office data form, in substantially the same form as 29

found in the DOE, Washington State Wetlands Rating System for 30

Eastern Washington, shall be completed for development proposals 31

within 200 feet of a wetland as shown on the NWI maps. 32

i. Development proposals within the vicinity of a potential Category 33

1 or 2 wetland, except those subject to the additional buffer 34

requirements of SCC 13.10.025(C) shall be subject to further 35

Commented [A346]: Partnership/Planning Commission to confirm.

April 2016


review in accordance with Section 13.20.014 to determine whether 1

a buffer increase is deemed necessary. 2

4. Deer and Loon Lake Categorized wetlands 3

a. The Department of Ecology categorized wetlands associated with Deer 4

and Loon Lakes in 1999. Deer and Loon Lakes are the only lakes with 5

surface areas greater than 1000 acres that are wholly contained within 6

the geographic boundaries of Stevens County. Each lake meets the 7

definition of “lakes of statewide significance” as set forth above and is 8

subject to the additional buffer requirements of SCC 13.10.025(C). 9

10

03.10.520 Fish and Wildlife Habitat Conservation Areas 11

A. Fish and Wildlife Habitat Conservation Areas are defined as land management areas for 12

maintaining species in suitable habitats within their natural geographic distribution so 13

that isolated subpopulations are not created. This does not mean maintaining all 14

individuals of all species at all times, but it does mean cooperative and coordinated land 15

use planning is critically important (WAC 365-190-080(5)) 16

B. This Title does not attempt to protect the species listed as endangered, threatened or 17

sensitive. The Endangered Species Act provides protection for the species. It is the 18

purpose of this Title to protect, conserve and restore, where practical, natural habitats of 19

those listed species. 20

C.A. Classification. - The following six areas shall be considered Fish and Wildlife Habitat 21

Conservation Areas: 22

1. Areas within which endangered, threatened and sensitive species have a primary 23

association. State listed species are those native fish and wildlife species legally 24

designated as Endangered (WAC 232-12-014), Threatened (WAC 232-12-011) 25

or Sensitive (WAC 232-12-011). (Ordinance #03-2011, effective 10/18/2011.) 26

2. Habitats and species of local importance that have been designated by the 27

CountyPartnership at the time of application. These are habitats or species that 28

due to their declining population, sensitivity to habitat manipulation or other 29

values make them important on a local level. Habitats of local importance may 30

include a seasonal range or habitat element with which a given species has a 31

primary association, and which, if altered, may reduce the likelihood that the 32

species will maintain and reproduce over the long term. WAC 365-190-33

080(5.c.i). State or local agencies, individuals or organizations may submit a 34

petition to nominate an area or species. The nomination process is outlined in 35

Appendix “B”. 36

3. Priority Habitat and Species Areas identified by the WDFW. 37

April 2016


3.4. Naturally occurring ponds under 20 acres and their submerged aquatic beds that 1

provide fish or wildlife habitat. This category does not include ponds 2

deliberately designed and created from dry sites, such as canals, detention 3

facilities, wastewater treatment facilities, farm ponds, temporary construction 4

ponds and landscape amenities. This category does include artificial ponds 5

intentionally created from dry areas as part of mitigation. 6

5. The water type categorization is found in WAC 222-16-030, the Forest 7

Practices Rules and Regulations, administered by the DNR. There are five 8

water types within this classification. These five types, which include all lakes, 9

rivers and streams within Stevens County. 10

a. Shorelines under the jurisdiction of the Shoreline Master Program are 11

also included are inventoried as Type 1 Water. The following is a 12

summary of the five types (WAC 222-16-030): 13

b. Type 1 Water: All waters, within their ordinary high-water mark, 14

inventoried as “shorelines of the state” under Chapter 90.58 RCW. The 15

Stevens County Shoreline Master Program also applies to these waters. 16

c. Type 2 Water: Segments of natural waters that are not classified as Type 17

1 Waters and have a high fish, wildlife or human use. 18

d. Type 3 Water: Segments of natural waters that are not classified as Type 19

1 or 2 and have a moderate to slight fish, wildlife, and human use. 20

e. Type 4 Water: Segments of natural waters within the bank-full width of 21

defined channels that are not Type 1, 2, or 3 Waters and which are 22

perennial waters of non-fish-bearing streams. Perennial waters means 23

waters downstream from a perennial initiation point. 24

f. Type 5 Water: Segments of natural waters within the bank-full width of 25

defined channel that are not Type 1, 2, 3 or 4 Waters and which are 26

seasonal non-fish bearing streams. “Seasonal stream” means those 27

streams that are not perennial but are physically connected by a defined 28

channel system to downstream waters. 29

4.6. Lakes, ponds, streams, and rivers planted with game fish by a governmental 30

entity. 31

5.7. State Natural Area Preserves and Natural Resource Conservation Areas 32

a. There are no designated State natural area preserves or natural resource 33

conservation areas within Stevens County. However, the Little Pend 34

Oreille Wildlife Refuge is one of the largest National Wildlife Refuge in 35

Washington State. This refuge is the only one with a mixed conifer 36

forest and contains a complete set of Northeast Washington’s diverse 37

forest vegetation zones. The Little Pend Oreille Wildlife Refuge was 38

April 2016


established May 2, 1939 under Presidential Executive Order #8104 as “a 1

refuge and breeding ground for migratory birds and other wildlife”. The 2

refuge is located in the central-eastern portion of the Stevens County and 3

consists of 40,177 acres with an additional 21 acres in Pend Oreille 4

County. 5

D.B. Designation 6

1. Habitat areas that meet the above classification criteria, are designated as Fish 7

and Wildlife Conservation Areas. Designation also includes Habitats and 8

Species of Local Importance approved by the Board of Stevens County 9

CommissionersPartnership. 10

E. Riparian Best Available Science Criteria - For the purpose of establishing development 11

regulations which protect the functions and values of fish and wildlife conservation 12

areas within Stevens County, the following scientific literature was reviewed: 13

1. Management Recommendations for Washington’s Priority Habitats, Riparian, 14

WDFW, 1997. 15

a. This document is an evaluation of numerous pieces of literature on the 16

importance of riparian areas to fish and wildlife. There is agreement in 17

the literature that restricted use of riparian habitat is needed to retain the 18

functions of aquatic and riparian ecosystems. Buffer width is one of the 19

most important variables affecting riparian corridor functions. There is 20

less agreement on the specific width needed to protect riparian and 21

stream habitat. Nor is there agreement on which land use activities 22

might be compatible with fish and wildlife riparian habitat. Seven 23

examples of riparian buffer recommendations were examined. Federal 24

guidelines were not included. The Cederholm (1994) study was chosen 25

as being the one that most closely synthesized the literature. Mr. 26

Kovalchik questions potential bias in this process as the Cederholm 27

study was funded by the state and perhaps gave the results the state 28

desired. The Riparian Habitat Area (RHA) buffers recommended for 29

use within the entire state are as follows: 30

i. Type 1 or 2 streams, shorelines of the state, shoreline of statewide 31

significance 250’ 32

ii. Type 3 streams or other perennial or fish bearing streams 5-20 ft. 33

wide 200’ 34

iii. Type 3 streams or other perennial or fish bearing streams less than 35

5 feet wide 150’ 36

iv. Type 4 & 5 streams or intermittent streams & washes with low 37

mass wasting* 150’ 38

April 2016


v. Type 4 & 5 streams or intermittent streams & washes with high 1

mass wasting* 225’ 2

3

* Mass wasting is a general term for a variety of processes by 4

which large masses of rock or earth material are moved downslope 5

by gravity either slowly or quickly. 6

2. Effectiveness of Riparian Management Zones in Providing Habitat for Wildlife 7

Final Report, Margaret A. O’Connell, 2000. 8

a. The goal of this project was to examine the effectiveness of Riparian 9

Management Zones (RMZ) established in the Forest Practices Act Rules 10

and Regulations in 1998. The objectives of the project were: 1) to 11

determine whether these RMZ habitat specifications provided adequate 12

habitat to maintain wildlife as specified in the Timber Fish and Wildlife 13

goal for wildlife, and if they do not, 2) to identify those habitat 14

conditions created by the RMZ management practices that adversely 15

affect species assemblages, and 3) to provide recommendations for 16

improving RMZ guidelines. The O’Connell project was to monitor 17

wildlife for 2 years prior to and 2 years immediately after timber harvest. 18

The study was conducted on both the East and the West sides of the 19

state. Generally, O’Connell et al concludes that 100-foot RMZs, cut 20

according to forest practice rules, provide sufficient habitat for most 21

small mammals, small birds, snakes, amphibians and bats. The Forest 22

Practice Act Riparian Management Zones are as follows: 23

i. Type 1, 2, 3 waters greater that 15 feet wide, 100-130 feet 24

depending on site index* 25

ii. Type 1, 2, 3 waters less than 15 feet wide, 75-130 feet depending 26

on site index* 27

iii. Type 4 & 5 waters, 50 feet* 28

29

Site index is a designation of the quality of a forest site based on 30

the height of the dominant stand at a chosen age, usually 50 or 100 31

years. 32

3. Narrow Buffer Around Streams Enough Protection, Dr. Steven West, University 33

of Washington Newsletter, 2002. 34

a. This newsletter summarizes the East-West equivalent of the research 35

conducted by Margaret O’Connell and Steve Hallet. Dr. West says that 36

“50-100 foot buffers could provide enough habitat to safeguard the kinds 37

of animals studied for the 18-20 years it takes before the forest canopy 38

closes once more and they can use the clear cut areas again.” Mr. 39

Kovalchik notes that the O’Connell study may provide a basis for 40

April 2016


smaller buffer widths next to Type 3, 4 and 5 streams, at least where 1

small mammals and birds, amphibians, snakes and bats are generally the 2

focus species. Landslide prone areas, fish, heron, eagles and other 3

priority species will require wider buffers. 4

4. Understanding the Science Behind Riparian Forest Buffers: Effects on Plant and 5

Animal Communities, Julia C. Klapproth and James E. Johnson, Virginia 6

Cooperative Extension Publication Number 420-152, 2000. 7

a. This publication gives a concise summary and citations for a significant 8

body of riparian buffer “best science” literature. Of note is the following 9

quote about how wide riparian buffers should be: “How wide the buffer 10

must be to provide fish and wildlife habitat is the question of much 11

debate. There is no single “ideal” buffer width, because this will depend 12

on the particular site and the species in question. For example, some 13

animals, particularly “edge species, may require a buffer of 100 to 300 14

feet (Cronquist and Brooks, 1991, Keller and others, 1993). Forested 15

areas as wide as 600 feet have been recommended where there are heron 16

rookeries, bald eagles, or cavity-nesting birds (USDA Natural Resources 17

Conservation Service 1996). When managing for wildlife, the needs of 18

the animal for food, shelter and certain environmental conditions (for 19

example, cool, moist environments for certain amphibians) will be as 20

important as creating a particular buffer width.” Mr. Kovalchik notes 21

that “best science” seems to say that one size fits all is not appropriate. 22

Site specific buffer delineation is more appropriate. 23

5. Summary of Appendixes B & C from Management Recommendations for 24

Washington’s Priority Habitats, Riparian, WDFW, 1997. 25

a. The following table illustrates the mean buffer width at which various 26

riparian functions can be maintained. 27

Function Buffer width expressed

in feet Function

Buffer width expressed

in feet

Nutrient reduction 70 Breeding White-breasted nuthatch

60

Fecal Coliforms 130 Breeding Red-eyed Vireo 135

Most Sediment filtering 80 Breeding Hairy Woodpecker 135

Temperature protection 85 Belted kingfisher roosts 150

60% Shade retention 50 Pheasant/Quail 75

80% Shade Retention 110 Bats 100

100% Shade Retention 115 Amphibians/Reptiles 115

80% Woody debris 50 Salamanders 195

100% Woody debris 140 Mosquito larvae protection 65

General Wildlife habitat 125 Macro-Invertebrate diversity 100

Small Mammals 148 Macro-Invertebrate Density 100

April 2016


Function Buffer width expressed

in feet Function

Buffer width expressed

in feet

Deer/Elk cover 115 Benthic invertebrate food 100

Beaver foraging 100 Aquatic insects protection 100

Martin food/cover/ corridors

150 Trout Habitat Maintenance 100

Wood duck nesting 260 Harlequin duck habitat 130

1

b. Some data from Appendix B & C must be looked at with care, the 2

numbers may not indicate buffers, instead, they may show distances 3

from a nest. Several studies indicate the need for 328-foot buffers, Mr. 4

Kovalchik views these with skepticism and wonders if this number 5

reflects protecting all species in a buffer. The O’Connell study indicates 6

a 100-foot buffer is sufficient for most bats, amphibians, snakes, small 7

mammals and small birds. The composite data from Appendix B & C 8

generally shows that buffers of 100-150 feet is sufficient to protect 9

important wildlife and habitat; that 75-100 feet provides minimal 10

maintenance of most values and functions and the 50 feet is the absolute 11

minimum. 12

c. In conclusion, the scientific information regarding riparian buffer areas 13

does not clearly define how science was used to formulate the 14

recommended buffers in relationship to the various stream types. No 15

doubt, this is partially due to the complexity of the habitat needs for 16

wildlife. In order to provide adequate habitat, every site would need to 17

have buffers designed to meet the needs of the wildlife present at the 18

time a development was proposed. This would be far to labor intensive 19

and costly for both the applicant and the County. 20

F.C. Fish and Wildlife Habitat Conservation Areas Protection Requirements 21

1. Waters of the State – Minimum Riparian Buffer Widths 22

a. It is the goal of this Title to provide buffers that will provide minimum 23

maintenance for most fish and wildlife habitat functions. It is also the 24

goal of the County that buffers be designed to work in harmony with 25

development regulations, such as those pertaining to the installation of 26

on-site sewage disposal systems. The on-site sewage regulations, 27

administrated by the Northeast Tri-County Health District require septic 28

tanks to be located 50 feet from any surface water and drainfields be 29

located 100 feet from any surface water. To ensure adequate protection 30

of existing fish and wildlife habitat conservation areas, the County 31

buffer requirements in Table 03.10.210 (B) shall apply to all 32

development proposals even when a lesser standard might be approved 33

by another agency. 34

April 2016


i. The on-site sewage regulations, administrated by the Northeast 1

Tri-County Health District require septic tanks to be located 50 2

feet from any surface water and drainfields be located 100 feet 3

from any surface water. 4

b. The following minimum standard riparian buffers shall be required in 5

accordance with Table 03.10.210 (B), Shoreline Development Standards 6

Matrix, and the General Buffer Requirements of SMP Section 7

13.20.01203.10.570, provided that development proposals within a 8

mapped habitat area for Endangered, Threatened and Sensitive (ETS) 9

species or within 1,000 feet of a documented point observation for ETS 10

species may be subject to additional requirements pursuant to SCC SMP 11

Section 13.10.03403.10.520 (3) and (4) below: 12

Type 1 Waters 150 feet





2. Building Setback 13

a. A building setback of 10 feet shall be required from the outermost edge 14

of a riparian buffer with which a threatened, endangered or sensitive 15

species has primary association. The building setback is intended to 16

provide adequate room for construction, use and access without 17

infringing upon the critical area buffer. See Table 03.10.210(B), 18

Shoreline Development Standards Matrix for Stevens County the 19

Partnership. 20

3. Mapped Fish and Wildlife Habitat Conservation Areas 21

a. Development proposals within a mapped Fish and Wildlife Habitat 22

Conservation area designated under 13.10.031 SMP Section 03.10.520 23

(A) (1) and (2) will be subject to County review by the Shoreline 24

Administrator to determine if the development proposal will impair the 25

functions and values of the habitat area. 26

i. The Shoreline Administrator County shall require the applicant to 27

complete an approved checklist prepared by a qualified 28

professional and may require additional information as needed. 29

ii. The County’s determination shall be based on the best available 30

sciencemost current scientific information available for the 31

development proposal site. 32

April 2016


i.iii. If it is determined that the development proposal will impair the 1

functions and values of the habitat area, subsection B (b) shall 2

apply. 3

b. For each development proposal located in a mapped Fish and Wildlife 4

Habitat Conservation Area that is determined to have an impact on the 5

functions and values of the habitat, the County Shoreline Administrator 6

shall require a report from a qualified professional setting forth 7

management recommendations specific to the site and the proposed 8

development. 9

i. The Shoreline Administrator County shall forward each such 10

report and proposal to the WDFW for comment. 11

ii. The Shoreline Administrator County shall require a Habitat 12

Management Plan for the proposed development based upon the 13

report of the qualified professional and the best available science 14

appropriate for the site. (Ord. #08-2009 – effective 10/20/09)most 15

current scientific information available. 16

b.c. SMP SectionSCC 13.10.034.A03.10.520 (C)(3)(a) and (b) and SCC 17

13.10.034.B shall apply to development proposals within 200 feet of a 18

Fish and Wildlife Habitat Conservation Areas for species designated in 19

SMP SectionSCC 03.10.520 (A) (1) and (2) 13.10.031(1) and (2) as 20

identified on applicable WA Department of Fish and WildlifeWDFW 21

Priority Habitat and Species Maps or other best available science. 22

(Ordinance #03-2011, effective 10/18/2011)current scientific 23

information available. 24

4. Mapped Point Species Observations 25

a. Development proposals within 1,000 feet of documented point 26

observations for endangered, threatened or sensitive species shall be 27

forwarded by the County Shoreline Administrator to the WDFW to 28

validate the point observation. 29

b. For each development proposal within 1,000 feet of a validated point 30

observation for endangered, threatened or sensitive species, the County 31

Shoreline Administrator shall require a report from a qualified 32

professional setting forth management recommendations specific to the 33

site and the proposed development. 34

c. The Shoreline Administrator County shall forward each such report and 35

proposal to the WDFW for comment. 36

b.d. The Shoreline Administrator County shall require a Habitat 37

Management plan for the proposed development based upon the report 38

of the qualified professional and the best available science a most 39

April 2016


current scientific information ppropriate available for the site and the 1

protected species. 2

c.e. The General Buffer Requirements of SMP SectionSCC 13.20.012 3

03.10.570 shall apply. 4

03.10.530 Critical Aquifer Recharge Areas 5

A. Purpose: 6

1. Critical Aquifer Recharge Areas (CARA) are areas with a critical recharging 7

effect on aquifers used for potable water or areas where an aquifer that is a 8

source of drinking water is vulnerable to contamination that would affect the 9

potability of the water. Potable water is an essential life-sustaining element and 10

much of Washington’s drinking water comes from ground water supplies. Once 11

groundwater is contaminated, it is difficult, costly, and sometimes impossible to 12

clean up. Preventing contamination is necessary to avoid exorbitant costs, 13

hardships, and potential physical harm to people. The quality of ground water 14

in an aquifer is inextricably linked to its recharge area. 15

1. It is the purpose of this Title section is to define a scientifically valid and 16

realistic methodology by which the County will designate areas with a critical 17

recharging effect. provide for review and regulation of land use activities that 18

pose a potential contamination threat to known critical aquifer recharge areas or 19

that could increase the susceptibility of an aquifer to contamination. 20

2. As information becomes available, the County Partnership shall map and 21

designate such critical aquifer recharge areas. In the interim, this chapter 22

provides for review and regulation of land use activities that pose a potential 23

contamination threat to known critical aquifer recharge areas or that could 24

increase the susceptibility of an aquifer to contamination. 25

B. Classification 26

1. WAC 365-190-080(2) requires Counties to classify recharge areas for aquifers 27

according to the vulnerability of the aquifer. Generally, there is insufficient 28

information to determine an aquifer’s vulnerability. 29

2. RCW 36.70A.050 authorized the Department of Ecology to develop minimum 30

classification guidelines for Washington State while allowing for regional 31

differences. DOE published these guidelines in July, 2000, as the Guidance 32

Document to the establishment of Critical Aquifer Recharge Area Ordinances. 33

3. These guidelines suggest that jurisdictions attempt to determine an aquifer’s 34

susceptibility rather than determine vulnerability. A susceptibility 35

determination allows a jurisdiction to designate CARAs using a conservative 36

approach, which provides a worst case scenario for contaminant movement in 37

the subsurface. 38

April 2016


4. Two methods of determining susceptibility are established in the DOE 1

guidelines; one is a ratings system and the other is based upon wellhead 2

protection areas. The ratings system uses existing information which allows a 3

County to make preliminary designations. Wellhead protection areas 4

formulated for Class A water systems can be used to further refine the degree of 5

susceptibility of an aquifer. 6

1. Aquifer recharge areas shall be rated as having high, moderate, or low 7

susceptibility based on soil permeability, geologic matrix, infiltration, and depth 8

to water as determined by the criteria established by the state Department of 9

Ecology (Publication #05-10-028, March 2005). Stevens CountyThe 10

Partnership hereby incorporates the ratings system as the first step in ranking 11

the susceptibility of an aquifer to surface contamination. When applicable, 12

Stevens Countythe Partnership will use wellhead protection areas developed for 13

Class A water systems to further refine the degree of susceptibility. 14

2. Aquifer recharge areas shall be classified as following: 15

a. Wellhead protection areas. Wellhead protection areas may be defined 16

by the boundaries of the 10-year time of groundwater travel or 17

boundaries established using alternate criteria approved by the 18

Department of Health in those settings where groundwater time of travel 19

is not a reasonable delineation criterion, in accordance with WAC 246-20

290-135. 21

b. Sole-source aquifers. Sole-source aquifers are areas designated by the 22

U.S. Environmental Protection Agency pursuant to the Federal Safe 23

Water Drinking Act. 24

c. Susceptible groundwater management areas. Susceptible groundwater 25

management areas are areas that have been designated as moderately or 26

highly vulnerable or susceptible in an adopted groundwater management 27

program developed pursuant to Chapters 173-100 WAC. 28

d. Special protection areas. Defined pursuant to WAC 173-200-090. 29

a.e. Moderately, highly vulnerable, or highly susceptible aquifer recharge 30

areas. Aquifer recharge areas that are moderately, highly vulnerable, or 31

highly susceptible to degradation or depletion due to hydrogeologic 32

characteristics are those areas delineated by a hydrogeologic study 33

prepared in accordance with the state Department of Ecology guidelines 34

or meeting the criteria established by the Department of Ecology. 35

C. CARA Susceptibility Factors, Rating Systems, and Designations 36

1. CARA susceptibility factors, rating systems, and designations are defined in 37

SCC 13.10.042 through 03.10.045. 38

April 2016


1. The three following factors shall be considered in determining susceptibility of 1

an underlying aquifer to contamination: 2

a. The overall permeability of vadose zone material (this includes both the 3

permeability of the soil and permeability of material underlying); 4

b. The thickness of the vadose zone (this may also be considered as the 5

depth to water in unconfined conditions); and, 6

c. The amount of recharge available (either natural precipitation or 7

artificial irrigation). 8

D. Susceptibility Rating Systems 9

1. Permeability of Vadose Zone 10

a. The vadose zone (area between the top soil and the groundwater level) is 11

composed of both the soil and the geologic materials underlying the soil. 12

To adequately determine the overall ease with which water will travel 13

from the land surface to the aquifer it is necessary to determine the 14

overall permeability of both soil and geologic media. 15

b. Soil permeability can be determined through use of the NRCS Soil 16

Survey data. Permeability for each soil type can be found in tables 17

describing the physical and chemical properties of soils. Generally, 18

these values are given in the inches per hour water moves downward 19

through a saturated soil. The extent of the various soil permeabilities 20

can be found in maps that accompany each Soil Survey. 21

Table One: Soil Permeability Designations Based On Soil Survey (NRCS Soil Survey) 22

Condensed

Description

Soil Survey

Description

Permeability

(in/hr)

Permeability

(cm/sec) Rating

Very Slow Very Slow <0.06 <.00453 0

Slow Slow 0.06 –- .20 .00453 –- .0141 1

Moderately Slow 0.20 –- 0.60 .0141 –- .0423

Moderate Moderate 0.60 – 2.0 .0423 –- .1411 2

Moderately Rapid 2.0 – 6.0 .1411 –- .4233

Rapid Rapid 6.0 – 20 .4233 – 1.411 3

Very Rapid >20 >1.411

23

c. A determination of the permeability of geologic material underlying the 24

soil is more problematic. Permeability of underlying material can be 25

estimated by conducting a review of well logs existing for the area(s) of 26

concern. These logs contain a description of the geologic material (or 27

matrix) through which a well was installed. 28

April 2016


d. Permeability can be estimated using the following table by determining 1

the material type and assigning the appropriate permeability range for 2

the material(s) overlying the uppermost aquifer. In cases where 3

heterogeneous material are encountered, the least permeable layer with a 4

thickness of not less than 5 feet shall determine the overall permeability 5

to be applied to the entire vadose zone, excluding the soil layer. 6

e. It is recommended that a well density of at least 2-3 wells per square 7

mile be used to determine geologic matrix and depth to water. Well logs 8

are available from the Department of Ecology Eastern Regional office. 9

Table Two: Geologic Matrix Designations (from Fetter, 1980 – Freeze and Cherry, 1979) 10

Condensed Description

Geologic Matrix

Permeability (cm/sec)

Rating

Very Slow Unfractured Igneous or Metamorphic Bedrock, Shale

10-9 – 10-13 0

Marine clay, Clay, Dense Sandstone, Hardpan 10-7 – 10-9

Slow Loess, Glacial Till, Fractured Igneous or Metamorphic Bedrock

10-5 – 10-8 1

Silt, Clayey Sands, Weathered Basalt 10-3 – 10-7

Moderate Silty Sands, Fine Sands, Permeable Basalt 10-1 – 10-4 2

Clean Sands, Karst Limestone 100 – 10-1

Rapid Sand and Gravel 101 – 100 3

Gravel 102 – 10-1

11

2. Infiltration 12

a. Infiltration or the degree to which water moves through the vadose zone 13

into the uppermost aquifer (excluding direct injection) can be estimated 14

using information provided in the following table. Infiltration is 15

determined by taking into account all available moisture (rainfall, 16

snowfall, irrigation, etc.) and subtracting the moisture lost due to 17

evapotranspiration (the loss of water from the soil both by evaporation 18

and transpiration from the plants growing thereon). 19

b. Approximate precipitation is obtained by locating the rainfall station 20

nearest to the area of concern and subtracting the potential evaporation, 21

again, from the nearest station. The determination of infiltration should 22

always be viewed as an approximation and subject to modification as 23

additional data is collected. In Eastern Washington, it is important to 24

include any artificial irrigation in the total precipitation amount. This is 25

vital in areas where evapotranspiration exceeds precipitation. 26

Rainfall Station* Precipitation Potential Evapotranspiration (PET)

Chewelah 19.5 23.7

April 2016


Colville 17.5 24.4

Northport 19.2 25.6

* NOTE: Other rainfall stations in Washington are listed on the 1

Western Regional Climate Center website at 2

www.wrcc.dri.edu/summary/mapwa.html. 3

Table Three: Infiltration (Precipitation minus PET) 4

Condensed Description

Infiltration (inches) Rating

Very Low 0 – 1 0

Low 1 – 3 1

Moderate 3 – 9 2

High >9 3

5

3. Depth to Water 6

a. Depth to water is the distance between the land surface and the 7

uppermost aquifer. This distance is also defined as the vadose zone or 8

unsaturated zone. Depth to water is estimated using well logs for wells, 9

which have been previously drilled, within the area of concern. The 10

density of wells for which information exists should be no less than that 11

used to determine the geologic matrix. The use of wells logs will not 12

provide for an exact determination of the depth to the uppermost aquifer, 13

rather they are to be used as a basis for estimating that depth across a 14

relatively large area of one-half to one square mile. 15

Table Four: Depth to Water 16

Condensed Description Depth to Water (Feet) Rating

Very Low Confined Aquifer 0

>50

Low 25 – 50 1

Moderate 10 – 25 2

High 0 – 10 3

17

E. Susceptibility Using Wellhead Protection Areas 18

1. The determination of Wellhead Protection Areas is required for all Class A 19

water systems in the State of Washington. The determination of a wellhead 20

protection area is based upon the time of travel of a water particle from its 21

source to the wellbore. The time of travel is based on several factors including 22

the permeability of the vadose and saturated zone, whether the aquifer is 23

confined or unconfined, the pumping rate of the well, and construction of the 24

April 2016


well itself. Concurrent with the wellhead mapping, water purveyors are also 1

required to collect site specific information to determine the susceptibility of the 2

water source to surface sources of contamination. Water sources are ranked by 3

the Washington State Department of Health as either a high, moderate or low 4

susceptibility to surface contamination. 5

2. Use of wellhead protection area boundaries and accompanying susceptibility 6

ratings can be used to refine local aquifer susceptibility within critical aquifer 7

recharge areas, and/or differential priority areas within a larger critical aquifer 8

recharge area. Wellhead protection areas which have been derived using either 9

analytical or numerical modeling techniques based on acquired geologic and 10

hydrogeologic data, will yield a technically valid local susceptibility and (in 11

some cases) a local vulnerability. Modeling can include defining a wellhead 12

protection area using a calculated fixed radius, per Appendix E of Department 13

of Health Washington State Wellhead Protection Program Guidance document, 14

publication #331-018, April 1995. 15

3. As wellhead protection area delineation methods are refined (either at the state 16

or federal level), and those methods become accepted standards, modifications 17

to previously defined classified areas are recommended. 18

F. CARA Designation 19

1. Stevens County Action. In conjunction with adoption of a Growth Management 20

Act Comprehensive Plan or subarea plan, and in any update to such plans, the 21

County shall review all available information regarding susceptibility of known 22

aquifer recharge areas. The County shall determine to the degree feasible the 23

scores from Tables One through Four in SCC 13.10.043 for known aquifer 24

areas. Areas identified as having a ‘High Susceptibility’ rating according to 25

13.10.045(2) shall be forwarded to the Board of County Commissioners for 26

review and possible designation as Critical Aquifer Recharge Areas. 27

2. The following scale shall be used to determine the overall susceptibility to 28

contamination of an aquifer. This scale may be modified by the Administrator, 29

in consultation with the Stevens County Public Utility District (PUD), the 30

Northeast Tri-County Health District or any affected water purveyor, for 31

specific sites based on the findings and recommendation of a qualified 32

professional hydrologist, hydrogeologist, geologist, or soils scientist with 33

demonstrated experience in surface water and groundwater analysis. Whenever 34

possible, Wellhead Protection Areas shall be used to further refine the rating 35

system. 36

Low Susceptibility Moderate Susceptibility High Susceptibility

0 – 3 4 – 7 8 – 12

37

April 2016


3. At any time prior to action by Stevens County to designate critical aquifer 1

recharge areas, the Administrator may require that a development site be 2

reviewed and classified according to the susceptibility rating scale above. Such 3

review and classification may be required for any use, but shall be required for 4

uses identified in SCC 13.10.046(5) and (6). 5

4. In deciding whether a development proposal requires additional review, the 6

Water Resource Inventory Area (WRIA) 59 map showing aquifer areas shall be 7

reviewed by the Administrator. 8

5. Whenever the question of additional review is not clearly answered based on 9

readily accessible information, the Administrator shall require additional 10

review. 11

G.D. Cara Protection Requirements 12

1. Regulations adopted under SCC 13.10.040 through 13.10.047this section shall 13

not affect uses legally existing on any parcel prior to the effective date of this 14

TitleSMP; neither shall these regulations affect any right to use or appropriate 15

water as allowed under state or federal law. 16

2. These CARA Protection Requirements is section shall apply only to new 17

development projects subject to shoreline review, SEPA and located in a 18

designated Critical Aquifer Recharge Area, provided that until such time as 19

Stevens Countythe Partnership takes action to designate Critical Aquifer 20

Recharge Areas, the requirements of this sSection shall apply in “High 21

Susceptibility” areas as determined pursuant to SCC 13.10.045(3). 22

3. When a hydrogeologic site evaluation is required, the applicant shall document 23

potential impacts on an aquifer and provide a discussion of approaches under 24

which the impacts could be avoided, reduced, mitigated or remediated. 25

4. The county Shoreline Administrator shall impose conditions to avoid, reduce, 26

mitigate or remediate impacts to an aquifer, as appropriate for the project and 27

may require monitoring and bonding or other security to ensure that conditions 28

of approval are met. An approval based on compliance with federal, state, or 29

local, but non-County, regulations shall not shift the burden of enforcement 30

from the federal, state, or other local agency to the CountyPartnership. 31

5. The following uses require CARA review and a hydrogeologic site evaluation 32

pursuant to SMP Section 03.10.53013.40.047 (E): 33

a. Chemical manufacturing or reprocessing; 34

b. Commercial, industrial, institutional, or other facilities or activities that 35

include storage, use, handling, or production of hazardous substances or 36

waste products as defined by WAC 173-303; 37

Commented [A347]: Consider deleting this section and adding reference to CAO, SCC 13.10.042 – 045 for susceptibility rating and designation criteria.

Commented [A348]: Reference County CAO section here; add reference to City/Town code sections?

April 2016


c. Creosote and asphalt manufacture and treatment; 1

d. Electroplating; 2

e. Petroleum transmission facilities; 3

f. Sawmills producing over 10,000 board feet per day; 4

g. Solid waste landfills; 5

h. Any septic or sewage disposal system with design flows of more than 6

3,500 gallons per day; 7

i. Surface mining operations requiring a permit from the State Department 8

of Natural 9

j. Resources; and 10

k. Type II and Type V Injection Wells. 11

6. The following uses may require CARA review and a hydrogeologic site 12

evaluation pursuant to SMP Section 03.10.530 (H)SCC 13.40.047. The 13

Shoreline Aadministrator shall waive this requirement if an applicant provides 14

documentation showing that compliance with federal, state, and local laws, 15

along with BMPs designed for the specific project, are sufficient to protect 16

potentially affected aquifers. 17

a. Aircraft, automobile and boat repair and servicing; 18

b. Dry cleaners; 19

c. Funeral services; 20

d. Furniture stripping; 21

e. Gas stations and petroleum storage tanks (underground or aboveground) 22

regulated and inspected by the Department of Ecology; 23

f. Golf courses; 24

g. Junkyards and auto wrecking; 25

h. Other projects or activities including septic or sewage disposal systems 26

serving commercial and industrial projects as determined by the 27

Administrator on recommendation from the Stevens County PUD, the 28

Tri-County Health District or an affected water purveyor. 29

H.E. Hydrogeologic Site Evaluation 30

April 2016


1. A hydrogeologic site evaluation is a report prepared by a qualified professional 1

(hydrologist, hydrogeologist, geologist or soils scientist) with demonstrated 2

experience in surface water and groundwater analysis. The report shall address 3

the impact the proposed land use will have on the quality and quantity of water 4

transmitted to an aquifer and shall include the following: 5

a. A description of surficial soil types and the geologic and hydrogeologic 6

setting including: soil texture, permeability and contaminant attenuation 7

properties, characteristics of the vadose zone and geologic material 8

including permeability and attenuation properties, and depth to 9

groundwater and/or an impermeable soil layer; 10

b. The location and identification of wells within 1,000 feet of the site; 11

c. The location and identification of surface water bodies and springs with 12

recharge potential within 1,000 feet of the site; 13

d. A description of underlying aquifers, including water level, gradients, 14

and flow direction; 15

e. Any available data on surface water and groundwater quality; 16

f. An assessment of the effects of the proposed development on water 17

quality, quantity, and on the long-term viability of the groundwater 18

resource; 19

g. Alternatives to avoid, reduce, mitigate or remediate any substantial 20

impact to the groundwater resource; 21

h. A summary of other local, state and federal requirements that apply to 22

protect surface and ground water quality; 23

i. Recommendations for appropriate BMPs (Best Management Practices), 24

monitoring, or other mitigation; and 25

j. Other information as required by the Shoreline Administrator in 26

consultation with the Stevens County PUD, the Northeast Tri-County 27

Health District, or an affected water purveyor. 28

2. The cost of preparing a hydrogeologic site evaluation and any County costs 29

incurred to review and evaluate the report shall be paid by the project applicant 30

pursuant to SMP SectionSCC 13.00.03403.10.500 (E). 31

03.10.540 Frequently Flooded Areas 32

A. Frequently Flooded Areas are defined as those floodways and associated floodplains 33

that have a one (1%) percent or greater chance of flooding in any given year. These 34

lands perform important hydrologic functions. It is the purpose of this regulation to 35

April 2016


promote the public health, safety and welfare and to minimize public and private losses 1

due to flood conditions. 2

B.A. Classification 3

1. Frequently flooded areas are identified by FEMA on Flood Insurance Rate 4

Maps (FIRM). These are the official map(s) on which the Federal Insurance 5

Administration has identified areas of potential flood hazards and the risk 6

premium zones. 7

C.B. Designation 8

1. The area included as Frequently Flood Area are the areas within the 100-year 9

floodplain, or areas that have experienced historic flooding, or channel 10

migration zones identified through mapping developed as part of the 2016 SMP 11

update. The CMZ is considered to be that area of a stream channel which may 12

erode as a result of normal and naturally occurring processes and has been 13

mapped consistent with WAC 173 26 221(3)(b). 14

2. Frequently Flooded Areas are defined as those floodways and associated 15

floodplains that have a one (1%) percent or greater chance of flooding in any 16

given year. These lands perform important hydrologic functions. It is the 17

purpose of this regulation to promote the public health, safety and welfare and 18

to minimize public and private losses due to flood conditions.Areas identified 19

on the FEMA FIRM are designated as Frequently Flooded Areas. 20

1.3. CMZs located within the shoreline jurisdiction shall be regulated consistent 21

with provisions in SMP Section 03.10.270, Flood Hazard Reduction. 22

D.C. Protection Requirements 23

1. In addition to the provisions within the SMP, dDevelopment proposals that 24

require a permit from Stevens County shall comply with: the 25

a. Stevens County Flood Damage and Prevention regulationsOrdinance, 26

the Stevens County Shoreline Master Program 27

b. Town of Marcus Unified Development Ordinance Section 17.02.1100, 28

Floodplain Management Overlay District 29

c. Town of Northport Unified Development Ordinance Section 2.100 30

d. City of Kettle Falls Municipal Code Section 17.02.170, Floodplain 31

Management Overlay District 32

a.e. and the Uniform Building Code with regard to structural safeguards to 33

reduce risk to life, health and property from flooding. 34

Commented [A349]: Note to Partnership/Planning Commission : Flood ordinances will need to be provided to ECY for their review.

Commented [A350]: Confirm with City. Code section is not

available on-line. Delete if KF is removed from SMP.

April 2016


03.10.550 Geologically Hazardous Areas 1

A. Designation: 2

1. Geologically Hazardous Areas are areas that because of their susceptibility to 3

erosion, sliding, earthquake or other geological events are not suited to siting 4

development consistent with public health or safety concerns. 5

2. Some geologic hazards can be reduced or mitigated by engineering, design or 6

modified construction practices so that risk to health and safety are acceptable. 7

When technology cannot reduce risks to acceptable levels, building in 8

geologically hazardous areas shall be avoided. 9

3. The NRCS soils maps will be used to help identify those soils with limiting 10

factors that may affect development. 11

4. Types of Geologically Hazardous Areas: The five types of Geologically 12

Hazardous Areas considered under this section are: 13

a. Erosion Hazard Areas 14

b. Landslide Hazard Areas 15

c. Mine Hazard Areas 16

d. Seismic Hazard Areas 17

e. Volcanic Hazard Areas 18

B. Erosion Hazard Areas (EHA) and Landslide Hazard Areas (LHA) 19

1. Classification 20

a. Erosion Hazard Areas are defined as areas containing soils identified by 21

the NRCS Soil Classification System, having “severe” rill and “inter-22

rill” erosion hazard. A rill is a channel made by a small stream, similar 23

to a rivulet or grooves or furrows formed by moving water. 24

b. Landslide Hazard Areas are defined as areas potentially subject to risk of 25

mass movement due to a combination of geologic, topographic and 26

hydrologic factors. LHAs generally include one or more of the 27

following: 28

i. Areas that have historically been prone to landslides. 29

ii. Areas that have a 30% slope or greater. 30

iii. Areas containing soil types as unstable and prone to landslide 31

hazard. 32

Commented [A351]: WAC 173-26-221(2)(c)(ii)(A) Consult designation criteria for geologically hazardous areas, WAC

365-190-120.

April 2016


iv. Areas potentially unstable as a result of rapid stream incision or 1

stream bank erosion. 2

v. Areas of uncompacted fill. 3

Note: The NRCS hazard ratings are interpretations of the potential 4

for erosion, applied to broadly generalized map units. The NRCS 5

maps will be used to identify areas of erosion and landslide 6

potential. The NRCS Soil Survey of Stevens County (Table 14) 7

identifies the soil types that have Erosion and Landslide Hazard 8

potential. 9

2. Designation 10

a. Lands that meet either of the classification criteria of an Erosion or 11

Landslide Hazard Area are designated as Potential Erosion or Landslide 12

Hazard Areas. Areas adjacent to Lake Roosevelt may be potentially 13

unstable as a result of shoreline erosion, over steepened banks, 14

fluctuating reservoir elevations or adverse groundwater conditions. 15

3. Protection Requirements 16

a. Areas identified as an EHA or LHA shall not be developed unless the 17

applicant demonstrates that the project is structurally safe from the 18

potential hazard and that the development will not increase the hazard 19

risk. 20

b. A setback for development near an EHA or LHA shall be established on 21

a site-by-site basis, based on the type of development proposed, the type 22

and extent of hazard present and pursuant to the Uniform Building Code. 23

c. A run-off management plan or an erosion control plan to reduce 24

sedimentation problems may be required of anyone proposing to develop 25

within an EHA or LHA. 26

d. Disturbance of an EHA or LHA requires reseeding or replanting with 27

native vegetation to assist in stabilization of the area and to discourage 28

the infiltration of invasive species. 29

C. Mine Hazard Areas 30


a. Mine Hazard Areas are defined as areas that are directly underlain by, 32

adjacent to, or affected by mine workings such as adits (an almost 33

horizontal passageway into a mine), tunnels, drifts, or air shafts. Factors 34

to be considered shall include: Proximity to development, depth from 35

ground surface to the mine working, and geologic material. 36

Commented [A352]: WAC 173-26-221(2)(c)(ii) (B) Do not allow new development or the creation of new lots that would cause foreseeable risk from geological conditions to people or improvements during the life of the development. (C) Do not allow new development that would require structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result. The stabilization measures shall conform to WAC 173-26-231. (D) Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible, and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be allowed in strict conformance with WAC 173-26-231 requirements and then only if no net loss of ecological functions will result.



April 2016


b. These areas have the potential for creating large underground voids 1

susceptible to collapse. In addition, steep and unstable slopes created by 2

open mines, tailings and waste rock piles, have the potential for being 3

mine hazard areas. Mine hazard areas are based upon the identification 4

of active or historic mining activity and site-specific information 5

regarding topography and geology. 6

2. Designation 7

a. Lands that meet the above classification criteria are designated as Mine 8

Hazard Areas. 9


b.a. - In the event that a development is proposed in the vicinity of a mine 11

hazard area and the development requires County approval, the 12

following protection requirements shall apply: 13

i. The locations of obvious mining activities shall be noted on site 14

plans. 15

ii. The applicant shall comply with any known, previously prepared 16

and approved site reclamation plan. 17

iii. Structures and impervious surfaces shall not be developed on any 18

tailings pile unless the applicant has demonstrated that the project 19

is safe and that the development will not increase the hazard risk. 20

If the tailings pile is known to be hazardous, a setback for 21

development will be determined based on an industry standard for 22

safety distance from the specific mineral/chemical content. 23

iv. Setbacks from mine workings shall be determined on a site-by-site 24

basis. If necessary, a geo-technical report may be required to 25

determine appropriate setbacks, or for the preparation of a 26

reclamation plan for the site. 27

v. Applicants may be required to prepare a reclamation plan for 28

restoration of a site, or portion thereof, with previous mining 29

activity. 30

D. Seismic Hazard AreasSeismic Hazard Areas are defined as areas subject to severe risk 31

of damage as a result of earthquake induced ground shaking, slope failure, settlement or 32

soil liquefaction. 33


Commented [A353]: WAC 173-26-221(2)(c)(ii) (B) Do not allow new development or the creation of new lots that would cause foreseeable risk from geological conditions to people or improvements during the life of the development. (C) Do not allow new development that would require structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result. The stabilization measures shall conform to WAC 173-26-231. (D) Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible, and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be allowed in strict conformance with WAC 173-26-231 requirements and then only if no net loss of ecological functions will result.



April 2016


a. Seismic Hazard Areas are defined as areas subject to severe risk of 1

damage as a result of earthquake induced ground shaking, slope failure, 2

settlement or soil liquefaction. 3

b. The majority of Stevens County is located within Seismic Zone 2B 4

according to the 1997 Uniform Building Code. There are no known 5

active faults in Stevens County. 6

2. Designation 7

a. There is little or no risk of seismic hazard within Stevens County. 8


a. Development activities shall be required to conform to applicable 10

provisions of the Uniform Building Code with respect to structural 11

safeguards to reduce the risks from seismic activity. 12

E. Volcanic Hazard Areas 13

1. Volcanic hazard areas are defined as areas subject to pyroclastic flows, lava 14

flows and inundation by debris flows, mudflows or related flooding resulting 15

from volcanic activity. 16

2.1. Classification 17

a. Volcanic hazard areas are defined as areas subject to pyroclastic flows, 18

lava flows and inundation by debris flows, mudflows or related flooding 19

resulting from volcanic activity. 20

b. No Volcanic Hazard Areas are known to exist in Stevens County. There 21

are active volcanoes in the region that could impact Stevens County. 22

3.2. Designation 23

a. There is little or no risk of volcanic hazard from pyroclastic action 24

within Stevens County. Minimal impact may occur from fall-out of ash. 25

4.3. Protection Requirements 26

a. No specific protection requirements are identified for volcanic hazard 27

areas. 28

03.10.5620 Buffers and, Mitigation, Nonconforming Structures and Reasonable Use 29

Exception 30

A. Buffers 31

Commented [A354]: Included these provisions in Section

03.10.620.

April 2016


1. The term "buffer" in the most general sense refers to a vegetated area that 1

separates land uses. Buffers may surround wetlands or be adjacent to riparian 2

areas with the intent of protecting these areas from adverse impacts. Fish and 3

wildlife take advantage of the diversity of resources provided by buffers for 4

habitat, breeding and movement. Healthy buffers typically consist of: 5

a. A moist microclimate (warmer in the winter and cooler in the summer) 6

when compared to adjacent uplands. 7

b. Signs of disturbance due to natural events such as flooding, broken trees, 8

snags, etc. 9

c. Structural diversity consisting of: 10

i. A canopy layer with a variety of coniferous and deciduous trees 11

ii. A shrub/brush understory 12

iii. A grass/herb ground cover 13

d. Higher vegetation productivity than the adjacent uplands. 14

1. Purpose: 15

a. The goal of this Title section is to provide adequate buffers to maintain 16

the functions and values of wetlands or riparian areas, using the best and 17

most current site-specific science rather than to rely on large buffer 18

widths. Categorically requiring large buffer widths may needlessly 19

encumber large quantities of private property, when it may be that 20

buffers of smaller size and high quality would offer adequate protection. 21

e.b. A buffer width should take into account both the sensitivity of the 22

critical area being buffered, and the level of intensity of the adjacent 23

land use. 24

2. General Buffer Requirements 25

a. Wetland and riparian buffers (hereinafter referred to as ‘buffers’) and/or 26

development setbacks shall be required for all regulated development 27

proposals within the shoreline jurisdiction in or adjacent to designated 28

wetlands or water bodies, as defined in Table 03.10.210 (B), Shoreline 29

Development Standards Matrix and Table 03.10.510 (D)(1)(c), Wetland 30

Buffer Widths. 31

a.b. The following criteria shall apply to all buffers: 32

Commented [A355]: WAC 173-26-221(2)(a)(ii) As provided in RCW 90.58.030 (2)(f)(ii) and 36.70A.480, as amended by chapter 321, Laws of 2003 (ESHB 1933), any city or

county may also include in its master program land necessary for

buffers for critical areas, as defined in chapter 36.70A RCW, that

occur within shorelines of the state, provided that forest practices

regulated under chapter 76.09 RCW, except conversions to nonforest

land use, on lands subject to the provision of WAC 173-26-241 (3)(e) are not subject to additional regulations. If a local government

does not include land necessary for buffers for critical areas that

occur within shorelines of the state, as authorized above, then the local jurisdiction shall continue to regulate those critical areas and

required buffers pursuant to RCW 36.70A.060(2).

April 2016


i. Buffers shall be measured on a horizontal plane in a landward 1

direction from the wetland edge and/or the Ordinary High Water 2

Mark (OHWM) as delineated in the field. 3

ii. Required buffers shall retain existing vegetation in a natural 4

condition, provided that an applicant may submit a vegetation 5

management plan per SMP Section 03.10 .560 (A)(3)(c), prepared 6

by a qualified professional that allows ongoing maintenance and 7

re-vegetation, particularly when enhancement of the buffer with 8

native species is proposed. See SMP Section 03.10.560 (A)(3)(a) 9

for activities allowed in wetland and riparian habitat area buffers 10

without a shoreline permit or letter of exemption. 11

iii. Fertilizer, pesticides and herbicides should be used in required 12

buffers only according to appropriate and specific labeling and 13

directions, as provided by state and federal law, and in conjunction 14

with a vegetation management plan. 15

iv. Where buffer disturbance has or will occur in conjunction with 16

regulated activities, re-vegetation with plants, shrubbery or trees 17

which will maintain the functions and values of the buffer area 18

shall be required as mitigation. 19

v. Any wetland created, restored, or enhanced as compensation for 20

approved wetland alterations shall also include as part of 21

mitigation, a buffer appropriate to the category of the wetland 22

being created, restored or enhanced. 23

vi. An applicant may be required to record a notice or deed restriction 24

of the presence of the critical area or associated buffer in a form 25

substantially set forth in Appendix ‘C’. 26

vii. The applicant may be required to install permanent edge markers 27

or signs along the boundary of the critical area or associated buffer. 28

These markers may be made of a variety of materials such as 29

fences, rocks, trees, hedgerows or other permanent vegetation. 30

3. Vegetation Management Actions. Vegetation management activities are 31

regulated within a wetland and riparian habitat area buffer, and some activities 32

are allowed without approval while others require an approved vegetation 33

management plan. 34

a. Activities that do not require a vegetation management plan and are 35

allowed without a shoreline permit or letter of exemption include: 36

i. Invasive species/noxious weed control within riparian buffers, if 37

the criteria listed below are met: 38

Commented [A356]: Based on standards developed for SEWA

SMP.

Commented [A357]: WAC 173-26-221(2)(c)(iv)(B)

As part of a comprehensive approach to management of critical freshwater habitat and other lake, river and stream values, local governments should integrate master program provisions, including those for shoreline stabilization, fill, vegetation conservation, water quality, flood hazard reduction, and specific uses, to protect human health and safety and to protect and restore lake and river corridor ecological functions and ecosystem-wide processes.

April 2016


Hand removal or spraying of plants only; 1

No area-wide vegetation removal/grubbing; 2

Avoid impacts to native vegetation; and 3

Reseed and replant with native plants (see approved list). 4

5

ii. Trimming of tree branches located up to 6 feet vertically off the 6

ground. 7

iii. Removal of hazard trees as necessary due to dead, dying or 8

disease, danger or impacts to property, provided the removed trees 9

are replaced at a 2:1 ratio with species per the attached list. A 10

determination of a hazard tree must be made by a qualified 11

professional. 12

b. Projects that propose to remove healthy native and non-native vegetation 13

(excluding noxious/invasive species) within a shoreline riparian buffer 14

shall provide a vegetation management plan consistent with 15

requirements in SMP Section 03.10.520 (A)(3)(c), and meet the 16

following standards: 17

i. Applicant must demonstrate to the Shoreline Administrator’s 18

satisfaction that the proposed vegetation removal is consistent with 19

No Net Loss and Mitigation Sequencing. 20

ii. Vegetation shall be replaced per the following: 21

1:1 area ratio for herbaceous vegetation; 22

2:1 stem ratio for shrubs and saplings; and 23

3:1 ratio for trees greater than 6 inches in diameter at 24

chest height 25

26

iii. All removed native vegetation shall be replaced with native 27

vegetation; removed ornamental species or other desirable 28

non- native vegetation may be replaced with similar species; 29

iv. Approved vegetation removal actions may include the 30

development of: 31

Up to one 20-foot-wide water-view corridor per lot. 32

Access to the water (up to 5 feet wide) for private trails or 33

paths, provided there is associated mitigation 34

implemented to offset impacts on a 2:1 replacement ratio. 35

Access to the water (up to 12 feet wide) for permitted 36

private boat launches, provided there is associated 37

mitigation implemented to offset impacts on a 2:1 38

replacement ratio. 39

40

Commented [A358]: County to provide a native plants list?

Commented [A359]: County?

April 2016


c. Vegetation management plan requirements and standards: 1

i. The vegetation management plan shall be prepared by a qualified 2

professional (certified arborist, ecologist, licensed landscape 3

architect, or similar professional) submitted for projects. 4

ii. A vegetation management plan shall be required for activities that 5

propose to remove either of the following anywhere within the 6

riparian buffer: 7

One or more mature, healthy trees greater than 6 inches in 8

diameter at chest height; or 9

More than 10 square feet of native shrubs and/or native 10

ground cover at any one time by clearing, grading, 11

cutting, burning, chemical means, or other activities. 12

None of the above shall be allowed more than once per 13

calendar year 14

15

iii. A vegetation management plan shall contain the following: 16

The distribution of existing plant communities in the area 17

proposed for clearing and/or grading; 18

Areas to be preserved; 19

Areas to be cleared; and 20

Trees to be removed along with species and size. 21

A description of the existing vegetative condition of the 22

site that addresses the following: 23

24

o Plant species; 25

o Plant density; 26

o Relative health of the plant community; 27

o Presence and extent of any natural or man-made 28

disturbances; 29

o Presence of vegetation overhanging the shoreline; and 30

o The presence and distribution of noxious weeds. 31

32

A mitigation planting plan showing proposed planting, 33

including the species, distribution, and density of plants. 34

Monitoring and maintenance plans, including 35

performance standards and survivability goals consistent 36

with the requirements of SMP Section 03.10.560 (B). 37

38

d. Vegetation Management for Existing Utility Corridors 39

i. Vegetation management plans for public right-of-way maintenance 40

corridors associated with under- or above-ground utilities are 41

April 2016


required, and shall be submitted to the Shoreline Administrator, for 1

review and comment prior to vegetation maintenance activities 2

being conducted. 3

ii. The plan should identify measures to avoid, minimize, and reduce 4

adverse vegetation and habitat effects while allowing maintenance 5

necessary for the utilities to reliably function. 6

iii. A period of at least 30 days must be provided for the Shoreline 7

Administrator review and comment on the plan prior to 8

maintenance activities beginning. 9

3.4. Buffer Alternatives – Increasing Buffer Areas 10

a. Standard buffer widths shall be increased on a site-by-site basis when 11

the Shoreline Administrator determines that a larger buffer is necessary 12

to protect the functions and values of a wetland or riparian area. This 13

determination shall be supported by appropriate documentation prepared 14

by a qualified professional, DOE or WDFW showing that an increase is 15

necessary based on one or more of the following to ensure no net loss of 16

shoreline ecological function and value: 17

i. A larger buffer is needed to maintain critical habitat for existing, 18

documented federal or state listed endangered, threatened or 19

sensitive species or a species of local importance, or 20

ii. The buffer area or adjacent land is susceptible to severe erosion 21

and standard erosion control measures will not effectively prevent 22

adverse impacts, or 23

iii. The buffer area has minimal vegetative cover or slopes greater than 24

15 percent, or 25

iv. The proposed development has a density of greater than 1 dwelling 26

unit per five acres. 27

4.5. Buffer Alternatives – Averaging Buffer Areas 28

a. Averaging buffer widths may modify standard buffer widths. Averaging 29

may be allowed by the Shoreline Administrator where the applicant 30

successfully demonstrates through a report prepared by a qualified 31

professional, the DOE or the WDFW, that either: 32

i. Averaging is necessary to avoid an extraordinary hardship caused 33

by circumstances peculiar to the property; or 34

April 2016


ii. The character of the buffer varies in slope, soils or vegetation and 1

it would benefit from a wider buffer in places and would not be 2

adversely impacted by a narrower buffer in other places. 3

b. In addition to meeting the standard described in subsection A or 4

BSection 03.10.560 (A)(4)(a) above, all of the following shall be met: 5

i. Averaging will not adversely impact theresult in a net loss riparian 6

or wetland functions and values, and 7

ii. The total area contained within the buffer after averaging is not 8

less than that contained within the buffer prior to averaging, and 9

iii. In no instance shall the buffer width be reduced by more than 10

5025% of the standard buffer or be less than 50 feet, and 11

iv. That low intensity land uses would be located adjacent to areas 12

where the buffer width is reduced, and 13

v. The presence of a critical area and associated buffer has been 14

documented by the recordation of a notice or deed restriction of the 15

presence of a buffer area, and 16

vi. Permanent edge markers along the boundary of the buffer area 17

have been installed, and 18

vii. A mitigation plan has been prepared by a qualified professional, 19

approved by the Shoreline Administrator, and incorporated into the 20

proposal. 21

5.6. Buffer Alternatives – Buffer Reduction 22

a. The standard buffer width may be reduced on a site-by-site basis when it 23

is determined that a smaller area is adequate to protect the shoreline 24

ecological functions and values based on site-specific characteristics. 25

All applications for buffer reduction shall be reviewed under “Public 26

Review” pursuant to Section 13.30.040. 27

b. Best available science indicates that buffers less than 50 feet are usually 28

ineffective in protecting wetlands over a period of time (Castelle et al, 29

1992, McMillan, 2000), extreme caution should be taken in further 30

reducing smaller buffers. 31

b. Buffer reductions shall be based upon best available sciencethe most 32

current science appropriate for the site. Buffer reductions should be 33

used on a limited basis and should be granted only when it has been 34

determined that the functions and values of the wetland or riparian 35

habitat can be maintained. 36

April 2016


c. Where a legally established road or railway, or other type of continuous 1

development crosses or extends along a shoreline or critical area buffer 2

and is wider than 20 feet, the Shoreline Administrator may approve a 3

modification of the minimum required buffer width to the waterward 4

edge of the improved continuous development provided the upland side 5

of the continuous development area: 6

i. Does not provide additional protection of the shoreline water body 7

or stream; and 8

ii. Provides little (less than 20%) to no biological, geological, or 9

hydrological buffer functions relating to the riparian and upland 10

portions of the buffer. 11

c.d. Standard Buffer Reduction. The standard buffer may be reduced by no 12

more than 25% of the standard buffer, if the applicant demonstrates to 13

the satisfaction of the Shoreline Administrator that a mitigation plan 14

developed by a qualified professional pursuant to SMP Section 15

03.10.560 (B) indicates that enhancing the buffer (by removing invasive 16

plants or impervious surfaces, planting native vegetation, installing 17

habitat features, or other means) will result in a reduced buffer that 18

functions at a higher level than the existing standard buffer. 19

7. Buffer Alternatives – Application Requirements: - 20

d.a. The applicant shall submit a critical area report prepared by a qualified 21

professional with documented expertise. At a minimum the report shall 22

contain: 23

i. A description of the proposed development, including a site plan. 24

ii. A description and illustration of the relationship between the 25

proposed development and the critical area, associated buffer and 26

applicable setbacks. 27

iii. An assessment and illustration of the existing condition of the 28

critical area and buffer within and adjacent to the project area. 29

This assessment must include when appropriate, a wetland 30

delineation, categorization and acreage. 31

iv. An analysis based upon best available sciencethe most current 32

science, of how the reduced buffer area will provide protection that 33

is equal to or better than the administratively determined buffer. 34

v. A discussion of whether any other alternative with less impact on 35

the critical area and associated buffer is possible. 36

April 2016


vi. Any proposed buffer enhancement using native vegetation, 1

artificial habitat features, buffering, vegetative screen, barrier 2

fencing, grass-lined swales or other enhancement tools as 3

appropriate to site conditions and the wetland, river or stream 4

functions. 5

6.8. Decision Criteria. - Buffer reductions shall be granted only when the following 6

criteria are met. 7

a. The critical area report provides a sound rationale for a reduced buffer 8

based upon most current best available science; 9

b. A decrease is necessary to accomplish the purposes of the proposal and 10

no reasonable alternative is available 11

c. No direct or indirect, short-term or long-term, adverse impacts to the 12

specific critical area and shoreline ecological function will result from 13

the proposed activity. 14

d. The need for a reduced buffer is not the result of segregating, 15

subdividing or adjusting a boundary line after the effective date of this 16

Title. 17

e. The applicant has successfully demonstrated that the reduced buffer will 18

provide protection for the wetlands shoreline functions equal to or better 19

than the administratively determined buffer. 20

f. A mitigation plan has been prepared by a qualified professional, 21

approved by the Shoreline Administrator, and has been incorporated into 22

the proposal. 23

7.9. Allowable uUses and activities in required bBuffers 24

a. Uses allowed under this section do not give permission to destroy a 25

critical area, ignore risk from natural hazards, and may not be exempted 26

from other provisions in this SMP and state or federal regulations or 27

permit requirements. Any incidental damage to, or alteration of, a 28

critical area that is not a necessary outcome of the allowed activity shall 29

be restored, rehabilitated, or replaced at the responsible party’s expense. 30

See SMP Section 03.10.770, for Exemptions from Shoreline Substantial 31

Development Permits, which require a letter of exemption. 32

b. Low impact uses and activities, which are consistent with the purpose 33

and function of the buffer, and which do not detract from its integrity, 34

may be permitted within the buffer, depending on the sensitivity of the 35

habitat involved. Activities shall not impact the functions or value of the 36

buffer beyond its ability to recover. 37

Commented [A360]: Revised this list to include allowed uses

without a shoreline permit or shoreline exemption. Revised and modified to make this clear. See SSDP exemptions for other

activities allowed under exemption.

April 2016


a.c. The following may be permitted allowed within a buffer without a 1

shoreline permit or letter of exemption include: : 2

i. Vegetation management activities that do not require a vegetation 3

management plan, per SMP Section 03.10.560 (A)(3)(a). 4

i. Removal of invasive or noxious weeds 5

ii. Pedestrian trails, less than 4 feet in width, unpaved and with no 6

bark or fill 7

iii.ii. Non-permanent wildlife-watching/hunting blinds 8

iv.iii. Scientific or educational activities 9

v.iv. Swales planted with native plants 10

vi.v. Hunting Passive Outdoor Recreation – Passive outdoor 11

recreational activities, such as fishin, bird watching, hiking, 12

boating, horseback riding, hunting, swimming, boating, canoeing, 13

bicycling, or other similar minimum impact activities 14

vii. Wildfire fuel reduction 15

vi. Wild Crop Harvest. - The harvesting of wild crops in a manner that 16

is not injurious to the natural reproduction of such crops is exempt 17

from regulation under this Section provided that the harvesting 18

does not require tilling soil, planting, changing existing 19

topography, water conditions or sources and provided that the 20

activity does not adversely impact critical areas or their associated 21

buffers. 22

vii. Emergency actions. 23

viii. Existing agriculture and forest practice activities 24

ix. Existing water wells and existing surface water withdrawals. 25

B. Mitigation 26

1. General Mitigation Standards: 27

a. Mitigation is the process to lessen the impact from a proposed activity. 28

This process consists of an evaluation of the current state of a critical 29

area, an analysis of the potential impacts from the proposed 30

development, formulation of solutions to offset impacts and the creation 31

of a required mitigation plan and an implementation schedule. The 32

Commented [A361]: Covered under veg management.

Commented [A362]: Covered under 03.10.260 and 450

April 2016


applicant, Planning Department, a qualified professional, and oftentimes, 1

agencies with expertise will be involved in the mitigation process. 2

a. All proposed alterations to critical areas or associated buffers shall 3

require mitigation sufficient to provide for and maintain the functions 4

and values of the critical area or to prevent risk from a critical area 5

hazard and shall give adequate consideration to the reasonable 6

economically viable use of the property. Mitigation of one critical area 7

impact should not result in unmitigated impacts to another critical area. 8

Mitigation may include development setbacks, limits on clearing and 9

grading, best management practices for erosion control and maintenance 10

of water quality. Mitigation of one critical area impact should not result 11

in unmitigated impacts to another critical area. 12

b. The reasonable and economically viable use of the property shall be 13

considered as a part of mitigation. Subject to the Reasonable Use 14

provisions of this Title, any proposed development or land use activities 15

resulting in a critical area alteration, that cannot adequately mitigate its 16

impacts to a critical area or its associated buffer, shall be denied. 17

2. Mitigation Sequencing: Mitigation includes avoiding, minimizing, or 18

compensating for adverse impacts to regulated critical areas or their buffers, 19

unless part of a restoration plan for significantly degraded wetland or stream 20

buffer. The preferred sequence of mitigation shall be according to SMP Section 21

03.10.230 (B).Preferred mitigation sequence 22

3. Mitigation may include development setbacks, limits on clearing and grading, 23

best management practices for erosion control and maintenance of water 24

quality. Mitigation of one critical area impact should not result in unmitigated 25

impacts to another critical area. The following is the preferred mitigation 26

sequence: 27

4. Avoid the impact altogether by not taking a certain action or parts of an action. 28

5. Minimize the impacts by limiting the degree or magnitude of the action and its 29

implementation with appropriate technology. 30

6. Restore the impact by repairing or rehabilitating the affected environment. 31

7. Reduce or eliminate the impact over time by preservation and maintenance 32

operations during the life of the action. 33

8.2. Compensate for the impact through the preferred compensation sequence: first, 34

restoration; second; creation; or third, enhancement. 35

9.3. Mitigation Provisions 36

April 2016


a. When a development proposal includes land disturbance within 300 feet 1

of the edge of a critical area, the Shoreline Administrator shall determine 2

whether adverse impacts to the critical area are likely. 3

b. If the Shoreline Administrator determines that adverse impacts are 4

likely, a mitigation plan shall be incorporated into the proposal. The 5

plan shall include the following: 6

i. A description of expected impacts to the critical area or associated 7

buffers from the development proposal; 8

ii. A detailed plan for mitigation measures following the preferred 9

mitigation sequence set forth SMP Section 03.10.230 (B)in 10

subsection 3 above. If avoidance and minimization are not the 11

main techniques used to mitigate impacts, the plan must include an 12

explanation and justification for using less preferable mitigation 13

approaches. 14

iii. An implementation schedule for the mitigation plan and a two-year 15

monitoring program; and 16

iv. Performance and/or warranty or maintenance bonds or other forms 17

of surety to ensure the plan achieves its goals and objectives. 18

c. Each mitigation plan shall include monitoring inspections at least 19

annually. These inspections shall be the responsibility of the applicant 20

and shall be provided for in the mitigation plan. The Shoreline 21

Administrator may hold an assignment of savings from the applicant, or 22

other surety, to be used to hire a qualified professional to complete the 23

monitoring inspections if the applicant fails to do so. 24

d. If the mitigation plan is not achieving its goals, the Shoreline 25

Administrator shall require appropriate changes to the mitigation plan, 26

based on the recommendations of a qualified professional. The County 27

may collect the proceeds of the mitigation plan bonds or surety and use 28

those proceeds to install or complete the recommended changes when 29

necessary. 30

10.4. Wetland Restoration, Creation and Enhancement 31

a. Any person who alters wetlands shall restore, create or enhance 32

equivalent or greater areas of wetlands than those altered, in order to 33

compensate for wetland loss. All wetland restoration, creation or 34

enhancement projects required pursuant to this Title section must receive 35

County written approval of the mitigation plan from the Shoreline 36

Administrator prior to commencement of the wetland restoration, 37

creation or enhancement activity. 38

April 2016


b. The following standard ratios shall apply to creation or restoration: 1

Table 03.10.560 (B)(4)(b). Mitigation Ratios for Eastern Washington 2

Category and

Type of

Wetland

Impacts

Re-establishment

or Creation

Rehabilitation

Only1

Re-establishment

or Creation and

Rehabilitation1

Re-establishme

nt or Creation

and

Enhancement1

Enhancement

Only1

All Category IV 1.5:1 3:1 1:1 R/C and 1:1

RH 1:1 R/C and 2:1

E 6:1

All Category III 2:1 4:1 1:1 R/C and 2:1

RH 1:1 R/C and 4:1

E 8:1

All other Category II

3:1 6:1 1:1 R/C and 4:1

RH 1:1 R/C and 8:1

E 12:1

Category I based on score

for functions 4:1 8:1

1:1 R/C and 6:1 RH

1:1 R/C and 12:1 E

16:1

Category I Natural

Heritage Site

Not considered possible2

6:1 Rehabilitation of

a Natural Heritage Site

R/C Not considered possible2

R/C Not considered possible2

Case-by-case

Notes 1 = These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2 = Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would, therefore, result in a net loss of some functions no matter what kind of compensation is proposed.

Reference: Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. March 2006. Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication #06-06-011a. Olympia, Washington. R/C = Re-establishment or Creation RH = Rehabilitation E = Enhancement

Category 1 6:1

Forested 3:1

Category 2 or 3 Scrub-Shrub 2:1

Emergent 1.5:1

Category 4 1.25:1

The first number specifies the acreage of replacement wetlands for 3 mitigation, and the second specifies the total acreage of wetlands that 4 have been altered or degraded. 5

6 b.c. Increased Replacement Ratio. - Tthe standard replacement ratio may be 7

increased under any of the following circumstances: 8

April 2016


i. High degree of uncertainty as to the success of the proposed 1

restoration or creation; 2

ii. Significant period of time between destruction and replication of 3

wetland functions; 4

iii. Projected losses in functions; 5

iv. Off-site compensation. 6

c.d. Decreased Replacement Ratio. - Tthe standard replacement ratio may be 7

decreased under the following circumstances: 8

i. Findings of special studies coordinated with agencies and/or a 9

qualified professional, which demonstrates that no net loss of 10

wetland function or value is attained under the decreased ratio. 11

ii. In all cases, a minimum acreage replacement ratio of 1:1 shall be 12

required. 13

d.e. Wetland Enhancement. - An applicant proposing to alter wetlands may 14

propose to enhance existing, significantly degraded wetlands as 15

compensation for wetland losses. Applicants proposing enhancement 16

shall identify how the proposal conforms to the overall goal of “no net 17

loss” and the wetland protection requirements of this Title. 18

11.5. Location 19

a. On-site Compensation. - On-site and in-kind compensation is the 20

preferred location for mitigated wetlands. ‘On-site’ means to replace 21

wetlands at or adjacent to the site on which a wetland has been or will be 22

impacted by a proposed development. ‘In-kind’ means to replace or 23

restore wetlands with substitute wetlands whose characteristics resemble 24

those impacted by the proposed development. ‘In-kind’ does not 25

necessarily mean that the replacement is of the same category as the 26

altered wetland. 27

b. Off-site Compensation. - Off-site compensation means to replace 28

wetlands away from the site on which a wetland has been or will be 29

impacted by a proposed development. The preferred location for off-site 30

compensation is the same drainage basin of the same watershed as the 31

impacted wetland. Off-site compensation will only be allowed when the 32

applicant demonstrates that one or more of the following applies: 33

i. On-site compensation is not scientifically feasible due to 34

hydrology, soils or other factors; 35

April 2016


ii. On-site compensation is not practical due to potentially adverse 1

impacts from surrounding land uses or would conflict with a 2

federal, state or local public safety directive; 3

iii. Existing functional values at the site of the proposed location are 4

significantly greater than the lost wetland functional values; 5

iv. There is a clear potential for a higher degree of success at the 6

proposed compensation site than at the impacted site; 7

v. The end result of the proposed compensation is the creation or 8

restoration of one or more larger or higher category wetlands as 9

opposed to many small wetlands. 10

c. In selecting a compensation site, the following siting criteria, in order of 11

preference, shall be pursued: 12

i. Upland sites which were formerly wetlands, 13

ii. Idle upland sites having bare or minimal vegetative cover 14

consisting primarily of exotic introduced species, weeds or 15

emergent vegetation, 16

iii. Other disturbed upland areas. 17

iv. Reasonable Use Exception 18

v. Reasonable Use Exception Application Requirements 19

vi. Public Notice for Reasonable Use Exception 20

vii. Decision Criteria 21

viii. Nonconforming Structures 22

ix. Existing and Ongoing Agricultural Activities 23

iii. 24

03.10.5740 Critical Area Review Process 25

A. Preliminary Critical Areas Review 26

1. Each development proposal application shall include a completed Critical Areas 27

Checklist or the report of a qualified professional assessing critical areas on or 28

immediately adjacent to the development site, provided that residential 29

remodels and commercial tenant improvement projects that result in no added 30

floor area or change to a structure’s footprint are exempt from theis requirement 31

for a Critical Areas Checklist: 32

Commented [A363]: Moved these provisions to Section 03.10.620.

Commented [A364]: Exempt from SMP. See Section 03.10.770

Commented [A365]: Consider deleting much of the administration review process and reference Article VII processes

April 2016


2. Upon receipt of a completed development proposal application and a completed 1

Critical Areas Checklist (in substantially the form as shown on Appendix A) or 2

report from a qualified professional, the Shoreline Administrator shall, within 3

the time limits as provided by law, consult available reference material and 4

maps to make a preliminary assessment of whether or not a critical area exists 5

on or within approximately 200 feet of the development proposal site. 6

3. All applications that involve a development proposal within the boundaries of 7

the Spokane Indian Reservation, shall be referred to the Spokane Tribe of 8

Indians, Department of Natural Resources, for review and comment. A 9

comment period of 14 days shall be provided. 10

4. It is the applicant’s responsibility, to the best of their ability, to disclose the 11

presence of critical area(s) on their property by completion of a Critical Area 12

Checklist, land use application, site plan or by obtaining the services of a 13


5. If, after preliminary review, the Shoreline Administrator determines that a 15

critical area is not on or immediately adjacent to the development proposal site, 16

further review under SMP Article V, Critical Areas this Title is required. 17

6. If, after preliminary review, the Shoreline Administrator determines that a 18

critical area is on or immediately adjacent to the development proposal site, the 19

requirements of SMP Article V, Critical Areas this Title shall apply. 20

7. If, after preliminary review, the Shoreline Administrator is unable to determine 21

whether a critical area is on or immediately adjacent to the development 22

proposal site, then one or more of the following shall be required: 23

a. Additional information from the applicant; 24

b. A site visit by County Partnership jurisdiction staff qualified to provide a 25

basic assessment of critical areas; 26

c. A site visit by a qualified professional under contract with the County 27

Partnership to provide a basic critical areas site assessment; or, 28

d. An applicant may be requested to provide a report prepared by a 29

qualified professional. The report should: 30

i. Document that a critical area does not exist on the development 31

site or immediately adjacent to the site, or 32

ii. Identify, locate/delineate, and describe, in text and on a site plan, 33

the critical area(s) on or adjacent to the development site; 34

iii. Describe and map the amount and type of encroachment into the 35

critical area(s) or associated buffer; 36

April 2016


iv. Describe how protection requirements for the specific critical area 1

will be implemented and monitored; 2

v. The report may contain or consist of a site evaluation by 3

appropriate agency(ies) of expertise, including but not limited to 4

the DOE and WDFW. 5

B. Limitations and Exemptions 6

1. Certain types of development or land use activities are currently outside the 7

jurisdiction of the County or are exempt from review by the Planning 8

Department. These types of exemptions, including those listed below in 9

subsections (1) through (9) remain in place under this Title, subject to the 10

limitation that any disturbance in or adjacent to a critical area avoids or 11

mitigates adverse impacts. For information related to non-conforming 12

structures and uses and existing and ongoing agricultural activities see SCC 13

13.20.040 et seq. and 13.20.050 et seq. Activities that do not require building 14

permits or planning department review are not subject to regulation pursuant to 15

this Title except as specifically described. 16

2. Emergency Actions - Emergency actions shall be exempt from the requirements 17

of this Title, subject to the following: 18

a. An ‘emergency’ is an unanticipated and imminent threat to public 19

health, safety or the environment, which requires immediate action 20

within a time too short to allow full compliance with this Title. 21

b. The Administration shall determine when an emergency situation exists. 22

c. Where new protective structures are determined by the Administrator to 23

be the appropriate means to address the emergency situation, upon 24

abatement of the emergency situation any new structure shall be 25

removed or any permit which would have been required, absent an 26

emergency, shall be obtained. 27

d. Any emergency construction shall recognize to the fullest extent 28

practicable the policies and requirements of this Title, other generally 29

applicable development standards enforced by Stevens County, and the 30

Stevens County Shoreline Master Program. 31

e. Flooding or other seasonal events that can be anticipated may occur but 32

that are not imminent are not an emergency. 33

f. The Stevens County Planning Department shall be notified within five 34

working days, of any impact to a critical area or associated buffer 35

following resolution of the emergency situation, in order to evaluate the 36

need for mitigation or restoration measures. 37

Commented [A366]: Included in SMP CAO allowed uses, and

SMP exemptions.

Commented [A367]: Added to SSDP Exemptions

April 2016


3. Forest practices – Forest practices regulated and conducted in accordance with 1

the provisions of Chapter 76.09 RCW, Forest Practices Act and Title 222 WAC, 2

Forest Practice Rules and Regulations are not subject to additional review by 3

the County. 4

4. Government agencies - Any development undertaken by a federal, state or tribal 5

agency on lands owned by the agency or tribe and not subject to county 6

jurisdiction is exempt from additional review by the County, unless the 7

government grants or reserves to Stevens County substantial jurisdiction over 8

land use and development activities on those lands. 9

5. Navigational Aids - Construction or modification of navigational aids, channel 10

markers and buoys are exempt from County review. These types of projects 11

must avoid adverse impacts to critical areas or their associated buffers. 12

6. Passive Outdoor Recreation - Passive outdoor recreational activities, such as 13

fishing, bird watching, hiking, boating, horseback riding, hunting, swimming, 14

boating, canoeing, bicycling, or other similar minimum impact activities are not 15

regulated by this Title. 16

7. Site Investigations - Site work such as surveys--including the marking of 17

property lines or corners--activities necessary for land use applications, soil 18

logs, percolation tests or other similar work is exempt from regulation under this 19

Title provided that unavoidable impacts to critical areas and associated buffers 20

shall be minimized and disturbed areas shall be restored to the maximum extent 21

practical. 22

8. Wild Crop Harvest - The harvesting of wild crops in a manner that is not 23

injurious to the natural reproduction of such crops is exempt from regulation 24

under this Title provided that the harvesting does not require tilling soil, 25

planting, changing existing topography, water conditions or sources and 26

provided that the activity does not adversely impact critical areas or their 27

associated buffers. 28

9. Maintenance and Repair - Normal and routine maintenance or repair of existing 29

structures, utilities, sewage disposal systems, potable water systems, drainage 30

facilities, ponds, or public and private roads and driveways is exempt from 31

regulation under this Title, provided that any such maintenance or repair 32

activities shall use reasonable methods to avoid impacts to critical areas. Any 33

impact to a critical area or its buffer shall be mitigated to the extent feasible. 34

10. Removal of noxious weeds in compliance with state or local law is allowed in 35

critical areas and their associated buffers and shall be undertaken in a manner 36

that prevents or minimizes long-term adverse impacts to the functions and 37

values of the critical area and buffer. Hand pulling of aquatic weeds to help 38

promote stream viability is allowed. 39

C. Administrative Review 40

Commented [A368]: Added to SSDP Exemptions.

Commented [A369]: Added SMP CAO allowed uses.

Commented [A370]: Included in exemptions, 03.10.770

Commented [A371]: Added SMP CAO allowed uses

Commented [A372]: Added to SMP CAO allowed uses.

Commented [A373]: Included in SSDP exemptions.

April 2016


1. Administrative Review occurs when the Administrator determines a regulated 1

critical area exists within the vicinity of a proposed development and that the 2

development proposal is not Exempt. 3

2. This process is used when the proposed development is subject to clear, 4

objective and subjective standards that require the exercise of professional 5

judgment about technical and non-technical issues. The Administrative Review 6

process shall be in accordance with Stevens County Code Title 6, Local Project 7

Review. 8

D. Types of Activities 9

1. The following types of development proposals are subject to Administrative 10

Review, and when applicable, shall be consistent with the Stevens County 11

Shoreline Master Program: 12

2. Bulkhead for a Single-Family Residence. - A normal protective bulkhead is to 13

be constructed at or near the ordinary high water mark (OHWM) of a water 14

body to protect a single-family residence and is to protect land from erosion, 15

and is not for the purpose of creating land. The construction shall be in a 16

manner consistent with the Stevens County Shoreline Master Program. 17

3. Construction of a Single-Family Residence. - “Single family residence” means 18

a detached dwelling designed for one family including normal appurtenances. 19

A “normal appurtenance” includes: a garage, deck, private storage structures, 20

driveway, installation of an on-site sewage disposal system and grading which 21

does not exceed 250 cubic yards and which does not involve placement of fill in 22

a critical area. 23

4. Dock Construction. - Construction of a fresh water dock, the cost or fair market 24

value of which is equal to $10,000 or less, designed for pleasure craft only, for 25

the private noncommercial use of the property owner. It shall be constructed in 26

a manner consistent with the Stevens County Shoreline Master Program. 27

5. Enhancement Activities. - Ffor fish, wildlife, riparian area or wetlands not 28

required as mitigation, provided that USFWS, WDFW, DOE, the Department of 29

Interior and/or the NRCS approve the project. 30

6. Maintenance and Repair – Normal maintenance, repair and operation of any of 31

the following existing facilities: 32

a. Single family residence occupied by one family, including normal 33

appurtenance. 34

b. Commercial structure, provided that no expansion of the original 35

footprint occurs. 36

c. Utilities, sewage or water systems. 37

Commented [A374]: Consider deleting. Covered under other sections of SMP.

April 2016


d. Public or private roads or driveways. 1

e. Drainage ditches and associated facilities. 2

f. Noncommercial private dock. 3

g. Nonconforming structures, provided that the use does not change and 4

that no expansion of the original footprint occurs. 5

h. ‘Normal maintenance’ includes those usual acts to prevent a decline, 6

lapse or cessation from a lawfully established condition. ‘Normal 7

repair’ means to restore a development to a state comparable to its 8

original condition, including but not limited to, its size, shape, 9

configuration, location and external appearance, within a reasonable 10

period after decay or partial destruction, except where repair causes 11

substantial adverse effects to shorelines or environment. Replacement 12

of a structure or development may be authorized as repair where such 13

replacement is the common method of repair for the type of structure or 14

development and the replacement structure or development is 15

comparable to the original structure or development including but not 16

limited to its size, shape, configuration, location and external appearance 17

and the replacement does not cause substantial adverse effects to 18

shoreline resources or environment. 19

7. Modification of Existing Residence. - Modification of an existing single family 20

residence that does not change the existing use from residential, does not 21

expand the original building footprint and does not increase the nonconformity. 22

8. Modification of Existing Nonconforming Residence. - Ssee “Nonconforming 23

Structures” Section 13.20.00. 24

9. Modification of Other Existing Structure. s- Modification of other existing 25

structures that does not change the existing use, does not expand the original 26

footprint and does not increase the nonconformity. 27

10. Replacement of Manufactured Home. – Rreplacement of a manufactured, 28

mobile or modular home provided that the expansion does not exceed a total 29

combined structure footprint of 30% of the square footage of that portion of the 30

lot within the buffer area. 31

11. Other. – Development proposals where the affected critical area is one of the 32

following: Category 3 or 4 Wetland, Water Type 2, 3, 4 or 5 or Geologically 33

Hazardous Areas or Frequently Flooded Area. Frequently Flooded areas are 34

included because they are reviewed under the Flood Protection Regulations. 35

Geologically hazardous areas are included because they are reviewed under the 36

Uniform Building Code. 37

E.B. Administrative Review Outcomes 38

April 2016


1. Upon review of all available information, the Shoreline Administrator shall 1

determine whether the proposed project is consistent with the protection 2

requirements of this TitleArticle. The outcome of the Administrative 3

Reviewcritical areas review is generally one of the following: 4

a. The critical area or associated buffer is not impacted by the development 5

proposal. No further review under this Title is required. 6

b. The critical area or associated buffer is impacted by the development 7

proposal, however, as submitted, the proposal is consistent with the 8

protection requirements for the identified critical area or associated 9

buffer. The development proposal can be approved without further 10

conditions. 11

c. The critical area or associated buffer is impacted by the development 12

proposal, however, the identified impact(s) can be avoided or minimized 13

through mitigation. 14

d. The critical area or associated buffer is unacceptably impacted by the 15

development proposal and no obvious mitigation measures will 16

successfully abate the unacceptable impacts. The development proposal 17

cannot be approved as submitted. 18

F. Letter of Consistency 19

1. If the development proposal is found to be consistent with the critical area 20

protection requirements, then the Administrator shall prepare a Letter of 21

Consistency addressed to the applicant and a copy submitted to WDFW and/or 22

DOE. The LOC shall indicate the specific administrative provisions and 23

appropriate protection regulations that are being applied to the proposed 24

development. 25

2. Note: Stevens County Planning Department reserves the right to review the 26

development through completion to: 27

a. assure Ensure compliance with proposal as submitted, 28

b. Rrequire additional review or permitting in the event that applicant 29

substantially changes the proposed development, or 30

c. Rrequire additional review or permitting when new circumstances or 31

information warrant a higher and more comprehensive evaluation of the 32

impact(s) to a critical area or its associated buffer. 33

G. Time Limits and Extensions 34

1. The Stevens County Planning Department may issue a LOC with an expiration 35

date of up to five years from the date of issuance. Completion or substantial 36

Commented [A375]: Suggest deleting as duplicate with Article

VII provisions. Verify with County if any provisions should be carried forward in Article VII.

April 2016


progress toward completion must begin within two years after the date of 1

issuance. 2

2. One extension of time may be granted upon written request, received prior to 3

the expiration date, to the Stevens County Planning Department. The 4

Administrator may extend the time limit for up to one year, provided that the 5

applicant or the successor successfully demonstrates that extenuating 6

circumstances have prevented completion of the project. 7

3. Prior to the granting of an extension, the Administrator may require updated 8

studies and/or additional hearings. 9

H. Public Review 10

1. Development proposals or land use activities not meeting the criteria for 11

“Exemption” or “Administrative Review,”, shall be reviewed under this 12

Section. “Public Review” consists of a Preliminary Application Review 13

followed by either a Full Administrative Review or a Quasi-Judicial Review 14

under Stevens County Code Title 6, Local Project Review, which may include 15

SEPA, public comment or a public hearing. 16

2. When more than one application is required for a development proposal, all 17

applications may be submitted for review at one time. When more than one 18

application is submitted, and the applications are subject to different types of 19

review procedures, all of the applications shall be reviewed at the highest 20

applicable level or most comprehensive type of review. 21

3. Hearing Scope 22

a. Within the time limits specified in Stevens County Code 6.08.050, the 23

Hearing Examiner shall issue a written “Quasi-Judicial Final Decision.”. 24

The decision shall meet the requirements of Stevens County Code 25

6.08.050 and may include findings of fact regarding the following: 26

i. The critical area or associated buffer is not impacted by 27

development proposal pursuant to the requirements of this Title; 28

ii. The critical area or associated buffer is impacted by the 29

development proposal, however, as submitted, the proposal is 30

consistent with the protection requirements for the identified 31

critical area or associated buffer under this Title; 32

iii. The critical area or associated buffer is impacted by the 33

development proposal, however, the identified impact(s) can be 34

avoided or minimized through mitigation pursuant to the 35

Mitigation and Critical Area Protection Requirement sections of 36

this Title; 37

April 2016


iv. The critical area or associated buffers is unacceptably impacted by 1

the development proposal and no obvious mitigation measures can 2

be successfully implemented. The development proposal cannot 3

be approved as submitted. 4

v. The proposed development does not pose a threat to the public 5

health, safety or general welfare. 6

vi. Locating the proposed development as far away from the wetland 7

as possible has minimized the disturbance of a wetland. 8

vii. The Hearing Examiner may specify mitigation measures or issue 9

conditions of approval including modifications to the size and 10

placement of structures and facilities to minimize impacts to 11

critical areas or the associated buffers. 12

viii. The Hearing Examiner has the authority to establish an expiration 13

date or time period within which the proposed development must 14

be constructed. No extension of a specified expiration date or time 15

period shall be permitted without an additional public hearing. 16

03.10.550 Enforcement 17

A. Request for Inspections 18

B. Cooperative Investigations and Enforcement 19

C. Notice of Violations Process 20

D. Service of a Notice of Violation 21

E. Enforcement Action in District Court 22

F. Reports to Planning Commission 23

24

03.10.560 Appeals25

April 2016


Article VI. Existing Uses, Structures, and Lots 1

03.10.600 Applicability 2

A. All nonconforming uses in shoreline jurisdiction shall be subject to the provisions of 3

this article. For nonconformance of use, structures, and lots within shoreline critical 4

areas, SMP Article V, Critical Areas, applies. When there is a conflict between this 5

Section and the Critical Area Section as applicable to critical areas, the more restrictive 6

standards shall apply. 7

B. The provisions of this chapter do not supersede or relieve a property owner from 8

compliance with either of the following requirements: 9

1. International Building and Fire Codes 10

2. The provisions of the SMP beyond the specific nonconformance addressed by 11

this chapter. 12

C. A change in the required permit review process (e.g., Shoreline Substantial 13

Development Permit versus a Shoreline Conditional Use Permit) shall not create a 14

nonconformance. 15

D. Any nonconformance that is brought into conformance for any period of time shall 16

forfeit status as nonconformance, except as specified in SMP 03.10.610, 17

Nonconforming Uses. 18

E. A nonconforming lot, use, or structure may be deemed legally nonconforming by 19

providing documentation that the use in question occurred prior to the effective date of 20

this SMP, from one of the following: 21

1. Local agency permit 22

2. Orthophotograph, aerial photograph, or planimetric mapping recognized as 23

legitimate by the agency 24

3. Tax record 25

03.10.610 Nonconforming Uses 26

A. If, at the effective date of the SMP and any later amendment to it, a lawful use of land 27

exists that is made no longer permissible under the terms of this SMP or future 28

amendments to it, such use may be continued as a nonconforming use so long as it 29

remains otherwise lawful subject to the following conditions: 30

1. No nonconforming use shall be intensified, enlarged, increased, or extended to 31

occupy a greater area of land than was occupied on the effective date of the 32

SMP or amendment that made the use no longer permissible. Provided that a 33

nonconforming use may be enlarged, increased, or extended in conformance 34

Commented [A376]: WAC 173-26-191(2)(a)(iii)(A)

Local government may find it necessary to regulate existing uses to avoid severe harm to public health and safety or the environment and in doing so should be cognizant of constitutional and other legal limitations on the regulation of private property. In some circumstances existing uses and properties may become nonconforming with regard to the regulations and master programs should include provisions to address these situations in a manner consistent with achievement of the policy of the act and consistent with constitutional and other legal limitations.

Commented [A377]: 173-27-080(1)

Commented [A378]: 173-27-080(3)

April 2016


with applicable bulk and dimensional standards of this SMP upon approval of a 1

Shoreline Conditional Use Permit. 2

2. No nonconforming use shall be moved in whole or in part to any other portion 3

of the lot that contains the nonconforming use. 4

3. If any nonconforming use of land ceases for any reason for a period of 12 5

consecutive months, any subsequent use of such land shall conform to the 6

regulations specified by this SMP for the use environment in which such land is 7

located. 8

4. A structure, which is being or has been used for a nonconforming use, may be 9

used for a different nonconforming use only upon a finding that all of the 10

following criteria are met: 11

a. No reasonable alternative conforming use is practical. 12

b. The proposed use is equally or more appropriate to the shoreline 13

environment than the existing nonconforming use and is at least as 14

consistent with the policies and provisions of the act and the SMP. 15

c. Such a change of use shall be subject to a Shoreline Conditional Use 16

Permit approval. Conditions may be attached to the permit as are 17

deemed necessary to ensure compliance with the above findings, the 18

requirements of the SMP and the SMA, and to ensure that the use will 19

not become a nuisance or a hazard. 20

03.10.620 Nonconforming Structures 21

A. If, at the effective date of the SMP or any amendment thereto, a lawful structure or 22

other improvement exists, which is made no longer permissible under the terms of this 23

SMP or amendment thereto, such structure or other improvement may be continued as a 24

nonconforming structure or other improvement so long as it remains otherwise lawful, 25

subject to the following conditions: 26

1. No nonconforming structure or other improvement shall be altered or changed 27

in a way which increases its nonconformity except as allowed in SMP 28

03.10.620 (A)(2). 29

2. All expansion, extension, maintenance, or repair activities of nonconforming 30

structures or improvements shall be consistent with all other provisions of this 31

SMP, provided the cumulative cost of such maintenance or repair within any 12 32

month period shall not exceed 50% of the assessed valuation of such building, 33

structure, or land (as applicable) at the time such maintenance is completed . 34

B. Expansions 35

Commented [A379]: 173-27-080(9) - If a nonconforming use is discontinued for twelve consecutive months or for twelve months

during any two-year period, the nonconforming rights shall expire

and any subsequent use shall be conforming. A use authorized

pursuant to subsection (6) of this section shall be considered a conforming use for purposes of this section.

Commented [A380]: 173-26-080(6)

Commented [A381]: County CAO defines separate processes for major and minor expansions (defined below). Separate these as County requirements, not applicable to towns?

Commented [A382]: 173-27-080(1)

Commented [A383]: 173-27-080(2)

Commented [A384]: County code 3.06.060: expansion shall not increase cumulatively the land area, size of the structure, impervious surface by more than 20%

Commented [A385]: WAC 173-27-080 (2) Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. (3) Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded, except that nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a

conditional use permit.


April 2016


1. Expansions of structures that are nonconforming with respect to a required 1

shoreline buffer, critical area or required buffer: 2

a. May not encroach any farther waterward into the required shoreline or 3

critical area buffer. 4

b. Any expansion proposal shall be designed to minimize new impervious 5

surface. To the degree feasible the expansion shall occur on areas 6

already disturbed or developed by driveways, patios, decks, or other 7

appurtenant structures. 8

c. Expansions parallel to or landward of shoreline may be allowed in the 9

buffer, provided that said enlargement does not increase the extent of 10

other applicable bulk and dimension standard nonconformities by farther 11

encroaching upon or extending into areas where construction or use 12

would not be allowed for new development or uses. Parallel or 13

landward expansion within the shoreline buffer shall restore a portion of 14

the shoreline buffer with riparian vegetation at a 1:1 area ratio to offset 15

the potential adverse impact. When expansions occur upland of an 16

existing levee or other structure that provides an ecological break in 17

buffer functions, the applicant's critical areas report may justify a 18

smaller ratio provided that the study demonstrates no net loss of 19


d. Nothing in this section will prohibit vertical expansion up to the height 21

allowed in the applicable use environment, provided all other applicable 22

requirements of local development regulations are met. 23

2. Major expansions. 24

a. A major expansion is any proposed expansion that does not qualify as a 25

minor expansion. 26

b. A major expansion shall be limited so that total impervious surface 27

within the buffer is no greater than 2,100 square feet or 35% of the 28

buffer area, whichever is less. 29

3. Minor expansions. 30

a. A minor expansion is defined as any expansion of the structure footprint 31

of no more than 250 square feet. 32

b. In addition, to qualify as a minor expansion, an equal amount of other 33

impervious surface on the site shall be permanently removed and 34

restored to a permeable condition. 35

4. Expansion review process. The Shoreline Administrator shall approve an 36

application to expand a nonconforming structure only when the requirements of 37

Commented [A386]: Partnership/Planning Commission to confirm.


confirm.

Commented [A388]: 30% per SCC 13.30.031 (9)

Commented [A389]: Need to verify consistency with standards

table earlier in the document. Partnership/Planning Commission to confirm.

Confirm whether major and minor expansions language is needed.

April 2016


this section are met. Conditions of approval to reduce and mitigate impacts to 1

the critical area, and which may include reductions in the size of the proposed 2

structure, reductions in other impervious surfaces to offset the expansion of the 3

structure, or a restoration, enhancement, or maintenance plan for vegetation on 4

site shall be imposed. 5

a. Major expansions. 6

i. Each proposed expansion, except as set forth in Section 03.10.620 7

(B)(4)(b), shall be evaluated by a qualified professional in a report 8

that assesses the impact of the proposal and provides 9

recommendations for mitigation, including but not limited to 10

reductions in structure size or other impervious surfaces to offset 11

the expansion of the structure, and a restoration, enhancement, or 12

maintenance plan for vegetation on site, particularly at or near 13

shoreline, riparian, or wetland areas. Opportunities for off-site 14

mitigation in the immediate vicinity and within the same watershed 15

sub-basin may be suggested. 16

ii. A major expansion of a nonconforming structure shall be reviewed 17

under the Full Administrative Review provisions of SCC Chapter 18

6.08 and is appealable according to the provisions of SCC Chapter 19

6.10. Public notice of an application proposing a major expansion 20

of a nonconforming structure shall be provided as set forth in SCC 21

6.06.070. 22

b. Minor expansions. 23

i. A minor expansion of a nonconforming structure shall be reviewed 24

under the Limited Administrative Review provisions of SCC 25

Chapter 6.08. 26

ii. For minor expansion proposals, Stevens County may, at its 27

discretion, adopt a set of standard conditions, best management 28

practices, and mitigation requirements that avoid, reduce and 29

mitigate impacts, including construction impacts, on critical areas. 30

These standard conditions shall be based on recommendations 31

from a qualified professional. If the County provides these 32

standard conditions, a report from a qualified professional is not 33

required for minor expansion projects. 34

C. Restoration, reconstruction, or repairs. 35

1. When damaged, a nonconforming structure may be restored to the configuration 36

existing immediately prior to the time that the structure was damaged, provided 37

that: 38

Commented [A390]: 173-27-080(8)

April 2016


a. The structure is damaged to an extent not exceeding 75% of the 1

replacement cost of the original development. 2

b. The applicant applies for permits needed to restore the development 3

within 6 months of the date the damage occurred. 4

c. Reconstruction is started within 2 years and is completed within 3 years 5

of the date of damage, unless an extension of time is granted by the 6

Shoreline Administrator upon written petition substantiating to the 7

satisfaction of the Administrator due cause for such extension. 8

d. The degree of the nonconforming use, building, or structure is not 9

increased. 10

2. Upkeep, repairs, and maintenance of a nonconforming structure, including but 11

not limited to repair or replacement in kind of roofs, porches, accessory 12

structures, septic tanks, and drainfields, or other improvement shall be 13

permitted. 14

3. Replacement of a manufactured, mobile or modular home is allowed. 15

Expansion shall be evaluated according to the provisions of this section as set 16

forth in Section 03.10.620 (B). 17

D. Moving structures. Should such structure or other improvement be moved for any 18

reason and for any distance, it shall thereafter conform to the regulations for the use 19

environment in which it is located. Conformance shall be required when one of the 20

following situations occurs: 21

1. A change of use is proposed. 22

2. The use is terminated or discontinued for more than 1 year, or the structure(s) 23

that houses the use is vacated for more than 1 year. 24

3. The structure(s) or activity that occurs on the land in which the use is conducted 25

is proposed for relocation. 26

E. Residential structures. 27

1. Residential structures and appurtenant structures that were legally established 28

and are used for a conforming use, but that do not meet standards for the 29

following, shall be considered a conforming structure: setbacks, buffers, or 30

yards; area; bulk; height; or density. 31

2. For purposes of this section, "appurtenant structures" refer to garages, sheds, 32

and other legally established structures. Appurtenant structures do not include 33

bulkheads and other shoreline modifications or overwater structures. 34

35

Commented [A391]: WAC 173-27-080;

Nothing in the County code

Commented [A392]: 173-27-080(8)

Commented [A393]: None defined in County non-conforming provisions included in CAO (SCC 03.20.040)

Commented [A394]: 173-27-080(8)

Commented [A395]: Consistent with non-conforming

provisions included in CAO

Commented [A396]: 173-27-080(8) States that the restoration has to be complete not started within 2 year of permit issuance

“the restoration is completed within two years of permit

issuance.”

Commented [A397]: From CAO – Nonconforming Structures

Commented [A398]: 173-27-080(7) - A nonconforming structure which is moved any distance must be brought into conformance with the applicable master program and the act.

Commented [A399]: 173-27-080(9)

Commented [A400]: WAC 173-27-080(2) and (3)

3) Such uses shall not be enlarged or expanded, except that

nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040 (2)(g) upon approval of a conditional use permit.


April 2016


Article VII. Administration and Enforcements 1

03.10.700 Roles and Responsibilities 2

A. Shoreline Administrator: 3

1. The Planning Director for the individual members of the Partnership or his/her 4

designee shall serve as the Shoreline Administrator. The Shoreline 5

Administrator shall issue written Shoreline Exemptions as appropriate and, in 6

the case of a Shoreline Substantial Development Permit, grant, or deny the 7

permit. The Shoreline Administrator shall administer the shoreline permit and 8

notification systems and shall be responsible for coordinating the administration 9

of shoreline regulations with zoning enforcement, building permits, and all 10

other regulations regarding land use and development in the respective 11

jurisdiction. 12

2. The Shoreline Administrator shall be familiar with regulatory measures 13

pertaining to shorelines and their use, and, within the limits of his or her 14

authority, shall cooperate in the administration of these measures. Permits 15

issued under the provisions of this shoreline regulation shall be coordinated with 16

other applicable land use and development regulatory measures of the 17

respective jurisdiction. The Shoreline Administrator shall establish procedures 18

that advise all parties seeking building permits or other development 19

authorization of the need to consider possible shoreline applications. It is the 20

intent of the Partnership, consistent with regulatory obligations, to simplify and 21

facilitate the processing of Shoreline Substantial Development Permits. 22

3. The Shoreline Administrator shall ensure that proposed regulatory or 23

administrative actions shall be liberally construed in the legal context, which is 24

to give full effect to the objectives and purposes of the Shoreline Management 25

Act and this SMP, as set forth in RCW 90.58.900. 26

4. The Shoreline Administrator shall ensure that proposed regulatory or 27

administrative actions do not unconstitutionally infringe upon private property 28

rights. Shoreline goals and policies should be pursued through the regulation of 29

development of private property only to an extent that is consistent with all 30

relevant constitutional and other legal limitations (where applicable, statutory 31

limitations such as those contained in chapter 82.02 RCW and RCW 32

43.21C.060) on the regulation of private property. 33

5. The Shoreline Administrator shall apply SMP 03.10.500, General Provisions, 34

for shoreline critical areas. 35

B. Planning Commissions 36

1. The Planning/Shoreline Commissions are vested with the responsibility to 37

review the SMP as part of regular SMP updates required by RCW 90.58.080 as 38

Commented [A401]: This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.

Commented [A402]: RCW 90.58.020 - The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest.

April 2016


a major element of the local jurisdiction’s planning and regulatory program and 1

make recommendations for amendments thereof to the County Commissioners, 2

or City or Town Councils, as applicable. 3

2. For the City of Kettle Falls, the Planning Commissions review Shoreline 4

Variances and Shoreline Conditional Use Permits, following an open record 5

hearing, and sends a recommendation to the City Council, or Town Council 6

except as noted below. 7

3. The Town of Marcus, and Town of Northport 8

C. Hearing Examiner 9

1. Stevens County Hearing Examiner reviews Shoreline Conditional Use Permits, 10

following an open record hearing, and sends a recommendation to the County 11

Commission. The Hearing Examiner shall have the authority to decide on 12

appeals from administrative decisions issued by the Stevens County Shoreline 13

Administrator of this SMP except for Shoreline Variances and Shoreline 14

Substantial Development Permits which shall be appealed to the State Shoreline 15

Hearing Board pursuant to this SMP Section 03.10.810. 16

D. County Commissions/City and Town Councils. The County Commissions, or City or 17

Town Councils are vested with authority to: 18

1. Initiate an amendment to this SMP according to the procedures prescribed in 19

WAC 173-26-100. 20

2. Adopt all amendments to this SMP, after consideration of the recommendation 21

of the Planning Commission. Substantive amendments shall become effective 22

immediately upon adoption by Ecology. 23

3. Approve or deny all shoreline Variance and Conditional Use Permits forwarded 24

by the Planning Commission pursuant to SMP Section 03.10.700 (B), and by 25

the Hearing Examiner pursuant to SMP Section 03.10.700 (C). 26

4. Conduct appeal of any recommendation of the Planning Commission. 27

5. Decide on appeals from the administrative decisions issued by the Shoreline 28

Administrator. 29

03.10.710 Interpretation 30

A. Under the administrative provisions, the Shoreline Administrator shall have authority to 31

interpret this SMP, when such interpretation is clearly consistent with the goals and 32

policies of this SMP and the SMA. 33

B. The Shoreline Administrator shall consult with Ecology if formal written 34

interpretations are developed as a result of a lack of clear guidance in the SMA, the 35

Commented [A403]: update

April 2016


SMA Rule, or this SMP to ensure that any are consistent with the purpose and intent of 1

RCW 90.58 and 173-26 WAC. 2

03.10.720 Statutory Noticing Requirements 3

A. At a minimum, the Shoreline Administrator shall provide notice in accordance with 4

WAC 173.27-110 and may provide for additional noticing requirements. 5

03.10.730 Application Requirements 6

A. A complete application for a Shoreline Substantial Development, Shoreline Conditional 7

Use, or Shoreline Variance Permit shall contain, at a minimum, the information listed 8

in WAC 173-27-180. 9

B. The Shoreline Administrator shall provide written informational materials, procedures, 10

instructions, and forms required to submit an application for a Shoreline Substantial 11

Development Permit, Variance Permit, or Conditional Use Permit. 12

C. These materials should include: a plan coversheet, a Joint Aquatic Resource Permits 13

Application (JARPA) form, SEPA checklist, fee schedule, review criteria, and the 14

process and timelines to assist potential applicants and interested parties on the permit 15

application submittal and review process. 16

D. The Shoreline Administrator may vary or waive these requirements according to 17

administrative application requirements on a case-by-case basis. 18

E. The Shoreline Administrator may require additional specific information depending on 19

the nature of the proposal and the presence of sensitive ecological features or issues 20

related to compliance with other applicable requirements and the provisions of this 21

SMP. 22

03.10.740 Shoreline Substantial Development Permits 23

A. A Shoreline Substantial Development Permit shall be required for all development on 24

shorelines, unless the proposal is specifically exempted from the requirement for this 25

permit as set forth in SMP 03.10.770. Shoreline Substantial Development permits shall 26

be processed as an administrative permit according to Stevens County Code (SCC) 27

3.30.050, Administrative decision – Type 2 for Stevens County. For the City of Kettle 28

Falls, applications for Shoreline Substantial Development Permits shall be processed 29

pursuant to Kettle Falls Zoning Code 17.06.037 – type 1, Administrative review 30

Process. For the Towns of Marcus and Northport , 31

B. Shoreline Administrator shall review Substantial Development Permit applications, as 32

required in SMP 03.10.730, and approve or deny the permit. 33

C. Shoreline Administrator shall provide notice in accordance with WAC 173.27 110 and 34

may provide additional notice, according to Partnership member’s noticing 35

requirements. 36



Commented [A406]: insert

April 2016


D. A Shoreline Substantial Development Permit shall be granted only when the 1

development proposed is consistent with all of the following: 2

E. The policies and procedures of the Act, RCW 90.58 3

F. The applicable provisions of WAC 173-27 4

G. This SMP 5

H. The Shoreline Administrator may attach conditions to the approval of permits as 6

necessary to ensure consistency of the project with the SMA and this SMP. 7

I. Nothing shall interfere with the Partnership’s ability to require compliance with all 8

other applicable plans and laws. 9

03.10.750 Shoreline Conditional Use Permits 10

A. Uses specifically classified or set forth in this SMP as conditional uses shall be subject 11

to review and condition by the Shoreline Administrator and by Ecology. 12

1. For Stevens County, applications for a Shoreline Conditional Use Permit shall 13

be processed by the Shoreline Administrator with a Type 3 permit and approved 14

by the Hearing Examiner. 15

2. For the City of Kettle Falls, Shoreline Conditional Use Permit shall be 16

processed pursuant to Section 17.06.038 – Type II, Quasi-Judicial Review 17

Process of the Kettle Falls Code 18

3. Town of Marcus, and Town of Northport, Shoreline Conditional Use Permit 19

shall be processed with a Type III permit pursuant to Section XX of the City 20

XX Code. 21

B. Other uses which are not classified or listed or set forth in this SMP may be authorized 22

as conditional uses, provided the applicant can demonstrate consistency with the 23

requirements of this Section and the requirements for conditional uses contained in this 24

SMP. 25

C. Uses which are specifically prohibited by this SMP per Table 03.10.200 (B), Shoreline 26

Use and Modifications Matrix, may not be authorized as a conditional use. 27

D. Review Criteria for Conditional Uses. Uses which are classified or set forth in the 28

applicable master program as conditional uses may be authorized provided that the 29

applicant demonstrates all of the following criteria: 30

1. The proposed use is consistent with the policies of RCW 90.58.020 and the 31

SMP 32

Commented [A407]: WAC 173-27-150(1)

Commented [A408]: Indent these?

Commented [A409]: WAC 173-27-150(2)

Commented [A410]: insert

Commented [A411]: WAC 173-27-160(3)

Commented [A412]: WAC 173-27-160(4)

Commented [A413]: WAC 173-27-160(1)

April 2016


2. The proposed use will not interfere with the normal public use of public 1

shoreline. 2

3. The proposed use of the site and design of the project is compatible with other 3

authorized uses within the area and with uses planned for the area under the 4

comprehensive plan and SMP. 5

4. The proposed use will cause no significant adverse effects to the shoreline 6

environment in which it is to be located. 7

5. The public interest suffers no substantial detrimental effect. 8

E. In the granting of all conditional use permits, consideration shall be given to the 9

cumulative impact of additional requests for like actions in the area. For example, if 10

conditional use permits were granted for other developments in the area where similar 11

circumstances exist, the total of the conditional uses shall also remain consistent with 12

the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the 13

shoreline environment. 14

F. In authorizing a conditional use, special conditions may be attached to the permit by the 15

applicable Partnership member or Ecology to prevent undesirable effects of the 16

proposed use and/or to ensure consistency of the project with the SMA and this SMP. 17

See SMP Section 7.10 and SMP Section 7.11 for application and review process. 18

G. Nothing shall interfere with the Partnership’s ability to require compliance with all 19

other applicable plans and laws. 20

03.10.760 Shoreline Variance Permits 21

A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements 22

set forth in this SMP where there are extraordinary or unique circumstances relating to 23

the property such that the strict implementation of this SMP would impose unnecessary 24

hardships on the applicant or thwart the policies set forth in RCW 90.58.020. 25

Variances from the use regulations of this SMP are prohibited. Applications for 26

Shoreline Variance Permits shall be processed pursuant to the following: 27

1. Stevens County 28

a. Shoreline Variance Permits shall be processed pursuant to SMP Section 29

03.10.700, Roles and Responsibilities and as provided in the SCC 30

3.30.050, Administrative decision – Type 2. 31

2. City of Kettle Falls 32

a. For the City of Kettle Falls, Shoreline Variance Permits shall also be 33

processed pursuant to SMP Section 03.10.700, Roles and 34

Responsibilities, and pursuant to City of Kettle Falls Code Section 35

17.06.038 – Type II, Quasi-Judicial Review Process. 36

Commented [A414]: WAC 173-27-160(2)


April 2016


3. Town of Marcus, and Town of Northport 1

B. Review Criteria 2

1. Variance Permits should be granted in circumstances where denial of the permit 3

would result in a thwarting of the policy enumerated in RCW 90.58.020. In all 4

instances the applicant must demonstrate that extraordinary circumstances shall 5

be shown and the public interest shall suffer no substantial detrimental effect. 6

2. Variance Permits for development and/or uses that will be located landward of 7

the OHWM, as defined in RCW 90.58.030(2)(b), and/or landward of any 8

wetland, as defined in RCW 90.58.030(2)(h), may be authorized provided the 9

applicant can demonstrate all of the following criteria: 10

a. The strict application of the bulk, dimensional, or performance standards 11

set forth in this SMP precludes, or significantly interferes with, 12

reasonable use of the property. 13

b. The hardship described in SMP Section 03.10.760(B)(2)(a) of this 14

subsection is specifically related to the property and is the result of 15

unique conditions, such as irregular lot shape, size, or natural features 16

and the application of this SMP, and not, for example, from deed 17

restrictions or the applicant’s own action. 18

c. The design of the project is compatible with other authorized uses within 19

the area and with uses planned for the area under the comprehensive 20

plan and SMP and will not cause adverse impacts on the shoreline 21

environment. 22

d. The variance will not constitute a grant of special privilege not enjoyed 23

by the other properties in the area. 24

e. The variance requested is the minimum necessary to afford relief. 25

f. The public interest will suffer no substantial detrimental effect. 26

3. Variance Permits for development and/or uses that will be located waterward of 27

the OHWM, as defined in RCW 90.58.030(2)(b), or within any wetland, as 28

defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can 29

demonstrate that all of the following criteria are met: 30

a. The strict application of the bulk, dimensional, or performance standards 31

set forth in the applicable SMP precludes all reasonable use of the 32

property. 33

b. The proposal can meet the criteria established under SMP Section 34

03.10.760(B)(2). 35

Commented [A416]: Need to update this section

Commented [A417]: WAC 173-27-170(1)

Commented [A418]: WAC 173-27-170(2)

Commented [A419]: WAC 173-27-170(3)

April 2016


c. The public rights of navigation and use of the shorelines will not be 1

adversely affected. 2

4. In the granting of all Variance Permits, consideration shall be given to the 3

cumulative impact of additional requests for like actions in the area. For 4

example, if variances were granted to other developments and/or uses in the 5

area where similar circumstances exist, the total of the variances shall also 6

remain consistent with the policies of RCW 90.58.020 and shall not cause 7

substantial adverse effects to the shoreline environment. 8

03.10.770 Exemptions from Shoreline Substantial Development Permits 9

A. An exemption from the Shoreline Substantial Development Permit process is not an 10

exemption from compliance with the SMA or this SMP, or from any other regulatory 11

requirements. All proposed uses, activities, or development occurring within shoreline 12

jurisdiction must conform to the intent and requirements of RCW 90.58, the SMA, and 13

this SMP, whether or not a permit or other form of authorization is required. 14

B. Letters of exemption shall be issued by the Shoreline Administrator when an exemption 15

applies or when a letter of exemption is required by the provisions of WAC 173-27-050 16

and as follows: 17

1. Any person claiming exemption from the Substantial Development Permit 18

requirements shall make an application to the Shoreline Administrator for such 19

an exemption in the manner prescribed by the Shoreline Administrator, except 20

that no written statement of exemption is required for emergency development 21

pursuant to WAC 173-27-040(2)(d). 22

2. The Shoreline Administrator is authorized to grant or deny requests for 23

statements of exemption from the Shoreline Substantial Development Permit 24

requirement for uses and developments within shorelines that are specifically 25

listed in SMP 03.10.770 (4). The statement shall be in writing and shall indicate 26

the specific exemption of this SMP that is being applied to the development and 27

shall provide a summary of the Shoreline Administrator’s analysis of the 28

consistency of the project with this SMP and the SMA. The letter shall be sent 29

to the applicant and maintained on file in the offices of the Shoreline 30

Administrator. 31

3. Letters of exemption may contain conditions and/or mitigating measures of 32

approval to achieve consistency and compliance with the provisions of this SMP 33

and the SMA. 34

4. A denial of an exemption shall be in writing and shall identify the reason(s) for 35

the denial. The Shoreline Administrator’s decision may be appealed pursuant to 36

SMP 03.10.810, Appeals. 37

5. Exempt activities requiring a JARPA shall not be conducted until a statement of 38

exemption has been obtained from the Shoreline Administrator. 39

Commented [A420]: WAC 173-27-170(4)

Commented [A421]: WAC 173-27-040(1)(b)

April 2016


C. Interpretations of Exemptions 1

1. Exemptions shall be construed narrowly. Only those developments that meet 2

the precise terms of one or more of the listed exemptions may be granted 3

exemption from the Shoreline Substantial Development Permit process. 4

2. A development or use that is listed as a conditional use pursuant to this SMP, or 5

is an unlisted use, must obtain a Shoreline Conditional Use Permit even though 6

the development or use does not require a Shoreline Substantial Development 7

Permit. When a development or use is proposed that does not comply with the 8

bulk, dimensional, and performance standards of this SMP, such development 9

or use can only be authorized by approval of a Shoreline Variance. 10

3. The burden of proof that a development or use is exempt from the permit 11

process is on the applicant. 12

4. If any part of a proposed development is not eligible for exemption, then a 13

Shoreline Substantial Development Permit is required for the entire proposed 14

development project. 15

5. The Shoreline Administrator may attach conditions to the approval of exempted 16

developments and/or uses as necessary to ensure consistency of the project with 17

the SMA and this SMP. Additionally, nothing shall interfere with each 18

responsible local government’s ability to require compliance with all other 19

applicable laws and plans. 20

D. The Shoreline Administrator shall exempt from the Shoreline Substantial Development 21

Permit requirement the shoreline developments listed below: 22

1. Any development of which the total cost or fair market value does not exceed 23

$6,416 or as adjusted by the State Office of Financial Management, if such 24

development does not materially interfere with the normal public use of the 25

water or shorelines of the state. For purposes of determining whether or not a 26

permit is required, the total cost or fair market value shall be based on the value 27

of development that is occurring on shorelines of the state as defined in RCW 28

90.58.030 (2)(c). The total cost or fair market value of the development shall 29

include the fair market value of any donated, contributed, or found labor, as 30

well as equipment or materials. 31

2. Normal maintenance or repair of existing legally established structures or 32

developments, including damage by accident, fire, or elements. Replacement of 33

a structure or development may be authorized as repair where such replacement 34

is the common method of repair for the type of structure or development, and 35

the replacement structure or development is comparable to the original structure 36

or development, including, but not limited to, its size, shape, configuration, 37

location, and external appearance, and the replacement does not cause 38

substantial adverse effects to shoreline resources or environment. 39

Commented [A422]: WAC 173-27-040(1)(a)

Commented [A423]: WAC 173-27-040(1)(c)

Commented [A424]: WAC 173-27-040(1)(d)

Commented [A425]: WAC 173-27-040(1)(e)

Commented [A426]: WAC 173-27-040(2)(a)

Commented [A427]: WAC 173-27-040(2)(b)

April 2016


3. Construction of a normal protective bulkhead common to single-family 1

residences. A “normal protective” bulkhead includes those structural and non-2

structural developments installed at or near, and parallel to, the OHWM for the 3

sole purpose of protecting an existing single-family residence and appurtenant 4

structures from loss or damage by erosion. A normal protective bulkhead is not 5

exempt if constructed for the purpose of creating dry land. When a vertical or 6

near vertical wall is being constructed or reconstructed, not more than 1 cubic 7

yard of fill per one 1 foot of wall may be used as backfill. When an existing 8

bulkhead is being repaired by construction of a vertical wall fronting the 9

existing wall, it shall be constructed no farther waterward of the existing 10

bulkhead than is necessary for construction of new footings. When a bulkhead 11

has deteriorated such that an OHWM has been established by the presence and 12

action of water landward of the bulkhead, then the replacement bulkhead must 13

be located at or near the actual OHWM. Bioengineered erosion control projects 14

may be considered a normal protective bulkhead when any structural elements 15

are consistent with the above requirements and when the project has been 16

approved by WDFW. 17

4. Emergency construction necessary to protect property from damage by the 18

elements. An “emergency” is an unanticipated and imminent threat to public 19

health, safety, or the environment that requires immediate action within a time 20

too short to allow full compliance with this chapter. Emergency construction 21

does not include development of new permanent protective structures where 22

none previously existed. Where new protective structures are deemed by the 23

Shoreline Administrator to be the appropriate means to address the emergency 24

situation, and upon abatement of the emergency situation, the new structure 25

shall be removed or any permit that would have been required, absent an 26

emergency, pursuant to RCW 90.58 these regulations, or this SMP, shall be 27

obtained. All emergency construction shall be consistent with the policies and 28

requirements of this chapter, RCW 90.58, and this SMP. As a general matter, 29

flooding or other seasonal events that can be anticipated and may occur but that 30

are not imminent are not an emergency. 31

a. The following criteria shall exist to qualify any action under an 32

emergency provision: 33

i. The Shoreline Administrator shall determine when an emergency 34

situation exists. 35

ii. There must be an immediate threat to life, or public or private 36

property, or an immediate threat of serious environmental 37

degradation arising from a natural condition or non-natural 38

accident or incident. 39

iii. The emergency response shall be confined to the action necessary 40

to protect life or property from damage. 41

Commented [A428]: WAC 173-27-040(2)(c)

Commented [A429]: WAC 173-27-040(2)(d)

April 2016


iv. The scope of the emergency response must be limited to the work 1

necessary to relieve the immediate threat. 2

v. The emergency response applies only to the period of time in 3

which the actual emergency exists. 4

b. Once the emergency is abated or dissipated as deemed by jurisdictional 5

authorities, compliance with the requirements of this chapter is required. 6

c. Emergency actions shall use reasonable methods that minimize the 7

impact to critical areas and their buffers. Persons who take emergency 8

action shall notify the Shoreline Administrator within 1 working day 9

following commencement of the emergency activity. Following such 10

notification, the Shoreline Administrator shall determine if the action 11

taken was within the scope and definition of emergency actions as 12

defined above. If the Shoreline Administrator determines that the action 13

taken or any part of the action taken was beyond the scope and definition 14

of allowed emergency actions, then the enforcement provisions of SMP 15

03.10.830 Enforcement shall apply. 16

d. The Shoreline Administrator shall be notified within five working days, 17

of any impact to a critical area or associated buffer following resolution 18

of the emergency situation, in order to evaluate the need for mitigation 19

or restoration measures. 20

5. Construction and practices normal or necessary for farming, irrigation, and 21

ranching activities, including agricultural service roads and utilities on 22

shorelands and the construction and maintenance of irrigation structures 23

including, but not limited to, head gates, pumping facilities, and irrigation 24

channels. A feedlot of any size, all processing plants, other activities of a 25

commercial nature, and alteration of the contour of the shorelands by leveling or 26

filling, other than that which results from normal cultivation, shall not be 27

considered normal or necessary farming or ranching activities. 28

6. Construction or modification of navigational aids such as channel markers and 29

anchor buoys. 30

7. Construction on shorelands by an owner, lessee, or contract purchaser of a 31

single-family residence or appurtenance for their own use or for the use of their 32

family, which residence does not exceed a height of 35 feet above average grade 33

level and which meets all other local requirements, other than requirements 34

imposed pursuant to RCW 90.58. Construction authorized under this 35

exemption, shall be located landward of the OHWM. 36

8. Construction of a dock, including a community dock designed for pleasure craft 37

only and for the private non-commercial use of the owner, lessee, or contract 38

purchaser of a single-family or multiple-family residence. This exception 39

applies when: 40

Commented [A430]: WAC 173-27-040(2)(e)

Commented [A431]: WAC 173-27-040(2)(f)

Commented [A432]: WAC 173-27-040(2)(g)

Commented [A433]: WAC 173-27-040(2)(h)

April 2016


a. The fair market value of the dock does not exceed $10,000, but if 1

subsequent construction having a fair market value exceeding $2,500.00 2

occurs within 5 years of completion of the prior construction, the 3

subsequent construction shall be considered a substantial development 4

for the purpose of this chapter. 5

b. The fair market value of the dock does not exceed $20,000 for docks 6

that are constructed to replace existing docks, and are of equal or lesser 7

square footage than the existing dock being replaced. 8

9. Operation, maintenance, repair, or construction of canals, waterways, drains, 9

reservoirs, or other facilities that now exist or are hereafter created or developed 10

as a part of an irrigation system for the primary purpose of making use of 11

system waters, including return flow and artificially stored groundwater from 12

the irrigation of lands. 13

10. The marking of property lines or corners on state-owned lands, when such 14

marking does not significantly interfere with normal public use of the surface of 15

the water. 16

11. Operation and maintenance of existing and future system of dikes, drains, or 17

other facilities existing on September 8, 1975 (where water is being drained 18

from irrigation runoff or shallow groundwater levels artificially recharged 19

through irrigation), which are created, developed or used primarily as a part of 20

an agricultural drainage or diking system. 21

12. Any project with a certification from the governor pursuant to RCW 80.50 22

(certification from the State Energy Facility Site Evaluation Council). 23

13. Site exploration and investigation activities that are prerequisite to preparation 24

of an application for development authorization under this chapter, if: 25

a. The activity does not interfere with the normal public use of surface 26

waters. 27

b. The activity will have no significant adverse impact on the environment, 28

including, but not limited to, fish, wildlife, fish or wildlife habitat, water 29

quality, and aesthetic values. 30

c. The activity does not involve the installation of any structure and, upon 31

completion of the activity, the vegetation and land configuration of the 32

site are restored to conditions existing before the activity. 33

d. A private entity seeking development authorization under this section 34

first posts a performance bond or provides other evidence of financial 35

responsibility to the local jurisdiction to ensure that the site is restored to 36

preexisting conditions. 37

Commented [A434]: WAC 173-27-040(2)(h)

Commented [A435]: http://www.ecy.wa.gov/programs/sea/sma/

st_guide/administration/exemptions/docks.html

Commented [A436]: WAC 173-27-040(2)(i)

Commented [A437]: WAC 173-27-040(2)(j)

Commented [A438]: WAC 173-27-040(2)(k) – does not mention future systems

“Operation and maintenance of any system of dikes, ditches,

drains, or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system;”

Commented [A439]: WAC 173-27-040(2)(l)

Commented [A440]: WAC 173-27-040(2)(m)

http://www.ecy.wa.gov/programs/sea/sma/st_guide/administration/exemptions/docks.html

http://www.ecy.wa.gov/programs/sea/sma/st_guide/administration/exemptions/docks.html

April 2016


14. The process of removing or controlling aquatic noxious weeds, as defined in 1

RCW 17.26.020, through the use of an herbicide or other treatment methods 2

applicable to weed control published by the Departments of Agriculture or 3

Ecology jointly with other state agencies under RCW 43.21C. Hand pulling of 4

aquatic weeds to help promote stream viability is allowed. 5

15. Watershed restoration projects as defined in RCW 89.08.460. 6

16. A public or private project that is designed to improve fish or wildlife habitat or 7

fish passage when all of the following apply: 8

a. The project has been approved by WDFW. 9

b. The project has received HPA by WDFW pursuant to RCW 77.55. 10

c. The Shoreline Administrator has determined that the project is 11

substantially consistent with the local SMP. The Shoreline 12

Administrator shall make such determination in a timely manner and 13

provide it by letter to the applicant. 14

d. Fish habitat enhancement projects that conform to the provisions of 15

RCW 77.55.181 are determined to be consistent with local SMPs. 16

17. Any person conducting a remedial action at a facility pursuant to a consent 17

decree, order, or agreed order issued pursuant to RCW 70.105D or to Ecology 18

when it conducts a remedial action under RCW 70.105D. 19

18. Other than conversions to non-forest land use, forest practices regulated under 20

RCW 76.09 are not subject to additional regulations under the SMA or this 21

SMP (90.58.030(2)(d)(ii)). 22

03.10.780 Duration of Permits 23

A. The duration of permits shall be consistent with WAC 173-27-090 as follows: 24

1. Construction activities shall be commenced or, where no construction activities 25

are involved, the use or activity shall be commenced within 2 years of the 26

effective date of a substantial development permit. The Shoreline Administrator 27

may authorize a single extension for a period not to exceed 1 year based on 28

reasonable factors if a request for extension has been filed before the expiration 29

date and notice of the proposed extension is given to parties of record on the 30

substantial development permit and to the department. 31

2. Authorization to conduct development activities shall terminate 5 years after the 32

effective date of a substantial development permit. However, the Shoreline 33

Administrator may authorize a single extension for a period not to exceed 1 year 34

based on reasonable factors if a request for extension has been filed before the 35

Commented [A441]: WAC 173-27-040(2)(n)

Commented [A442]: WAC 173-27-040(2)(o) - but the code does not reference that RCW it is described in the code

Commented [A443]: WAC 173-27-040(2)(p)


April 2016


expiration date and notice of the proposed extension is given to parties of record 1

and to the department. 2

03.10.790 Initiation of Development 3

A. Each permit for a Substantial Development, Shoreline Conditional Use, or Shoreline 4

Variance issued by local government shall contain a provision that construction 5

pursuant to the permit shall not begin and is not authorized until 21 days from the date 6

of receipt with Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or 7

until all review proceedings initiated within 21 days from the date of receipt of the 8

decision. The date of filing for a Substantial Development Permit is the date of actual 9

receipt by Ecology of a local government’s final decision on the permit. With regard to 10

a permit for a Shoreline Variance or a Shoreline Conditional Use, date of filing means 11

the date a responsible local government or applicant receives the written decision of 12

Ecology. When a Substantial Development Permit and a Conditional Use or Variance 13

Permit are required for a development, the submittal on the permits shall be made 14

concurrently. 15

B. Permits for Substantial Development, Shoreline Conditional use, or Shoreline Variance 16

may be in any form prescribed and used by the Shoreline Administrator, including a 17

combined permit application form. Such forms will be supplied by the Shoreline 18

Administrator. 19

C. A permit data sheet shall be submitted to Ecology with each shoreline permit. The 20

permit data sheet form shall be consistent with WAC 173-27-990. 21

03.10.800 Review Process 22

A. After local approval of a Shoreline Conditional Use or Variance Permit, the Shoreline 23

Administrator shall submit the permit to Ecology for approval, approval with 24

conditions, or denial. Ecology shall render and transmit to the County, City or Town, 25

and the applicant its final decision approving, approving with conditions, or 26

disapproving the permit within 30 days of the date of submittal by the Shoreline 27

Administrator pursuant to WAC 173-27-110. 28

B. Ecology shall review the complete file submitted by the Shoreline Administrator on 29

Shoreline Conditional Use or Variance Permits and any other information submitted or 30

available that is relevant to the application. Ecology shall base its determination to 31

approve, approve with conditions, or deny a Conditional Use Permit or Variance Permit 32

on consistency with the policy and provisions of the SMA and except as provided in 33

WAC 173-27-210 and the criteria in WAC 173-27-160 and 173-27-170. 34

C. The Shoreline Administrator shall provide timely notification of Ecology’s final 35

decision to those interested persons having requested notification from local 36

government pursuant to WAC 173-27-130. 37

Commented [A445]: RCW 90.58.140(5)

Commented [A446]: 173-27-190(2)

Commented [A447]: 173-27-190(3)

Commented [A448]: 173-27-200(1)

Commented [A449]: 173-27-200(2)

Commented [A450]: 173-27-200(3)

April 2016


03.10.810 Appeals 1

A. Appeals of Shoreline Permit Decisions. The County, City, or Town decisions on 2

shoreline permits may be appealed to the following “bodies” in this sequence: 3

1. The County Commission, City or Town Council and the Hearing Examiner for 4

decisions made by the Shoreline Administrator. 5

2. State Shorelines Hearings Board (SHB) in Tumwater. 6

3. SHB decisions may be appealed to superior court. 7

4. Superior court decisions may be appealed to the Court of Appeals. 8

5. Appeals Court decisions may be appealed to the Washington Supreme Court. 9

6. Appeals to the SHB and courts are governed by RCW 90.58.180, 10

RCW 43.21B.001, RCW 34.05 Part V, and WAC 461.08. 11

B. All requests for review of any final permit decisions under chapter 90.58 RCW and 12

WAC 173-27 are governed by the procedures established in RCW 90.58.180, WAC 13

461-08, and the rules of practice and procedure of the SHB. 14

03.10.820 Amendments to Permits 15

A. A permit revision is required whenever the applicant proposes substantive changes to 16

the design, terms, or conditions of a project from that which is approved in the permit. 17

Changes are substantive if they materially alter the project in a manner that relates to its 18

conformance to the terms and conditions of the permit, the SMP, and/or the policies 19

and provisions of chapter 90.58 RCW. Changes which are not substantive in effect do 20

not require approval of a revision. 21

B. Revisions to permits shall be considered consistent with WAC 173-27-100. 22

03.10.830 Enforcement 23

A. The SMA provides for a cooperative program between the Partnership and Ecology to 24

implement and enforce the provisions of the SMA and this SMP. This Section provides 25

for a variety of means of enforcement, including civil and criminal penalties, orders to 26

cease and desist, and orders to take corrective action, in accordance with WAC 173-27-27

270, 173-27-280, 173-27-290, 173-27-300, SCC Chapter 3.40, Enforcement, City of 28

Kettle Falls Code Section 17.06.070, Town of Marcus, and Town of Northport code 29

Section XX. The enforcement means and penalties provided herein are not exclusive 30

and may be taken or imposed in conjunction with, or in addition to, any other civil 31

enforcement actions and civil penalties, injunctive or declaratory relief, criminal 32

prosecution, actions to recover civil or criminal penalties, or any other action or 33

sanction authorized by this Section, or any other provision of the local government 34

codes, or any other provision of state or federal law and regulation. 35

Commented [A451]: RCW 90.58.175 and 180


Commented [A453]: Need to update this section

Commented [A454]: WAC 173-27-270 to 300

April 2016


B. The Shoreline Administrator, with the assistance of the Partnership member attorney, 1

shall have authority to commence and prosecute any enforcement action authorized by 2

this Section. In determining the appropriate enforcement actions to be commenced and 3

prosecuted, the Shoreline Administrator shall consider the following factors: 4

1. The nature of the violation 5

2. The extent of damage or potential future risk to the shoreline environment and 6

its ecological functions or to the public health and safety, caused by or resulting 7

from, whether directly or indirectly, the alleged violation 8

3. The existence of knowledge, intent, or malice on behalf of the violator 9

4. The economic benefit or advantage that accrued to the violator(s) as a result of 10

the violation 11

5. The estimated actions and costs of providing adequate mitigation, restoration, 12

rehabilitation, or enhancement to repair or minimize any substantial adverse 13

impacts upon the shoreline environment and its ecological functions or the 14

public health and safety 15

C. The Shoreline Administrator may commence and prosecute enforcement action jointly 16

with Ecology. Pursuant to WAC 173-27, Ecology may initiate and prosecute 17

enforcement action separate from the Shoreline Administrator. 18

03.10.840 Cumulative Effects of Shoreline Developments 19

A. The Partnership will periodically evaluate the effectiveness of the SMP update for 20

achieving no net loss of shoreline ecological functions with respect to shoreline 21

permitting and exemptions. At the end of the first full year after adoption, and at the 22

end of every other year thereafter, the Shoreline Administrator shall prepare a report 23

documenting shoreline development permits, conditional permits, and variances, 24

including the exempt use activity approvals and the locations and effects of each by 25

type and classifications. The report should include activities involving development, 26

conservation, restoration, mitigation, and enforcement. It should summarize the net 27

change of developments (including new development and decommissioning of 28

structures and protected areas) using indicators such as linear length of stabilization and 29

flood hazard structures, number of overwater structures (e.g., piers and docks), road 30

length within shoreline, number of waterbody road crossings, number of levees/dikes, 31

acres of impervious surface areas, acres of vegetation, acres of permanently protected 32

areas, or areas with limited development. Compliance and enforcement activity will 33

also be tracked. 34

B. The Shoreline Administrator, will, to the extent feasible, coordinate with other local 35

government departments or adjacent jurisdictions, as applicable, to assess cumulative 36

effects of shoreline development. 37


Enforcement action by the department or local government may be taken whenever a person has violated any provision of the act or any master program or other regulation promulgated under the act. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of the persons subject to the enforcement action.

Commented [A456]: WAC 173-26-191(2)(a)(ii)(D)

Commented [A457]: WAC 173-26-191(1)(e)

Shoreline management is most effective and efficient when accomplished within the context of comprehensive planning. For cities and counties planning under the Growth Management Act, chapter 36.70A RCW requires mutual and internal consistency between the comprehensive plan elements and implementing development regulations (including master programs). The requirement for consistency is amplified in WAC 365-196-500.

The Growth Management Act also calls for coordination and consistency of comprehensive plans among local jurisdictions.

http://app.leg.wa.gov/RCW/default.aspx?cite=36.70A


April 2016


03.10.850 Amendments to Shoreline Master Program 1

A. Amendments to the SMP shall be processed as legislative decisions pursuant to WAC 2

173-26-110. 3

B. Any locally approved amendments to the SMP will not become effective until approved 4

by Ecology. 5

03.10.860 Definitions 6

A. Definitions 7

1. "Accretion" means the natural buildup of shoreline through the gradual deposit 8

of alluvium. 9

2. “Act” means the Washington State SMA, RCW 90.58. 10

3. “Additions” means improvements to an existing building or structure, the cost 11

of which does not exceed 50% of the assessed value of the total structure or 12

result in an increase greater than 25% of the building footprint (up to a 13

maximum of 500 square feet) before the addition is started. Additions must 14

share a common wall (one full side) with the original structure. 15

4. “Adjacent,” for purposes of applying Section 5.00, Critical Areas, means 16

immediately adjoining (in contact with the boundary of the influence area) or 17

within a distance less than that needed to separate activities from critical areas 18

to ensure protection of the functions and values of the critical areas. Adjacent 19

shall mean any activity or development located in either of the following areas: 20

a. On-site immediately adjoining a critical area 21

b. A distance equal to or less than the required critical area buffer width 22

and building setback 23

5. “Agricultural activities” means agricultural uses and practices including, but not 24

limited to, producing, breeding, or increasing agricultural products; rotating and 25

changing agricultural crops; allowing land used for agricultural activities to lie 26

fallow in which it is plowed and tilled but left unseeded; allowing land used for 27

agricultural activities to lie dormant as a result of adverse agricultural market 28

conditions; allowing land used for agricultural activities to lie dormant because 29

the land is enrolled in a local, state, or federal conservation program or the land 30

is subject to a conservation easement; conducting agricultural operations; 31

maintaining, repairing, and replacing agricultural equipment; maintaining, 32

repairing, and replacing agricultural facilities, provided that the replacement 33

facility is no closer to the shoreline than the original facility; and maintaining 34

agricultural lands under production or cultivation. Also see definition of “New 35

Agricultural Activities” in SMP Section 7.17. 36


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6. “Agricultural products” includes, but is not limited to, horticultural, viticultural, 1

floricultural, and vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, 2

and apiary products; feed or forage for livestock; Christmas trees; hybrid 3

cottonwood and similar hardwood trees grown as crops and harvested within 20 4

years of planting; and livestock including both animals and animal products 5

including, but not limited to, meat, upland finfish, poultry and poultry products, 6

and dairy products. 7

7. “Agricultural equipment” includes, but is not limited to, the following used in 8

agricultural operations: 9

a. Equipment; machinery; constructed shelters, buildings, and ponds; 10

fences; upland finfish rearing facilities; and water diversion, withdrawal, 11

conveyance, and use equipment and facilities including, but not limited 12

to, pumps, pipes, tapes, canals, ditches, and drains. 13

b. Corridors and facilities for transporting personnel, livestock, and 14

equipment to, from, and within agricultural lands. 15

c. Farm residences and associated equipment, lands, and facilities. 16

d. Roadside stands and on-farm markets for marketing fruit or vegetables. 17

8. Agricultural facilities. See “Agricultural equipment.” 18

9. “Agricultural land” means those specific land areas on which agriculture 19

activities are conducted as of the date of adoption of a local SMP pursuant to 20

these guidelines as evidenced by aerial photography or other documentation. 21

After the effective date of this SMP, land converted to agricultural use is subject 22

to compliance with the requirements of this SMP. 23

10. “Alteration,” for purposes of applying Section 5.00, Critical Areas, means any 24

human-induced change in an existing condition of a critical area or its buffer. 25

Alterations include grading, filling, dredging, channelizing, clearing 26

(vegetation), applying pesticides, discharging waste, construction, compaction, 27

excavation, modifying for stormwater management, relocating, or other 28

activities that change the existing landform, vegetation, hydrology, wildlife, or 29

habitat value of critical areas. 30

11. “Amendment” means a revision, update, addition, deletion, and/or reenactment 31

to an existing SMP. 32

12. “Applicant” means a person who files an application for a permit under this 33

SMP and who is either the owner of the land on which that proposed activity 34

would be located, a contract purchaser, or the authorized agent of such a person. 35

13. “Approval” means an official action by a local government legislative body 36

agreeing to submit a proposed SMP or amendments to Ecology for review and 37

April 2016


official action pursuant to this chapter or an official action by Ecology to make 1

a local government SMP effective, thereby incorporating the approved SMP or 2

amendment into this SMP. 3

14. “Aquaculture” means the culture or farming of fish or other aquatic plants and 4

animals. 5

15. “Aquifer recharge area” means an area through which precipitation and surface 6

water infiltrate the soil and are transmitted through rocks and soil to create 7

groundwater storage. They are also areas where an aquifer that is a source of 8

drinking water is vulnerable to contamination that would affect the potability of 9

water. 10

16. “Area of Project Review” means the area within shoreline jurisdiction 11

surrounding and including one or more critical areas within which activities and 12

developments are subject to the provisions of this SMP. 13

17. “Area of special flood hazard” means the land in the floodplain within a 14

community subject to a 1% or greater chance of flooding in any given year. 15

Designation on maps always includes the letters A or V. 16

18. “Assessed value” means assessed valuation shall be as established by the 17

County assessor’s office, unless otherwise provided by a market appraisal 18

institute appraisal. 19

19. “Associated wetlands” are those wetlands that are in proximity to and either 20

influence or are influenced by a stream subject to the SMA. 21

20. “Average grade level” means the average of the natural or existing topography 22

of the portion of the lot, parcel, or tract of real property which will be directly 23

under the proposed building or structure. In the case of structures to be built 24

over water, average grade level shall be the elevation of the OHWM. 25

Calculation of the average grade level shall be made by averaging the ground 26

elevations at the midpoint of all exterior walls of the proposed building or 27

structure. 28

21. “Base flood” means a flood having a 1% chance of being equaled or exceeded 29

in any given year. Also referred to as the “100-year flood.” Designated on 30

flood insurance rate maps with the letters A or V. 31

22. “Base flood elevation” means the water surface elevation of the base flood. It 32

shall be referenced to the North American Vertical Datum of 1988. 33

23. “Basement” means any area of a building having its floor subgrade (below 34

ground level) on all sides. 35

24. “Benthic” means pertaining to the sub-aquatic bottom, including the sediment 36

surface and some sub-surface layers. 37

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25. “Best management practices (BMPs)” means conservation practices or systems 1

of practice and management measures that perform the following actions: 2

a. Control soil loss and reduce water quality degradation caused by high 3

concentrations of nutrients, animal waste, toxics, and sediment 4

b. Minimize adverse impacts on surface water and groundwater flow, 5

circulation patterns, and the chemical, physical, and biological 6

characteristics of wetlands 7

c. Protect trees and vegetation designated to be retained during and 8

following site construction 9

d. Provide standards for proper use of chemical herbicides within critical 10

areas 11

26. “Biotechnical bank protection (or stabilization)” means any combination of 12

techniques employing lithic (naturally occurring geological materials, including 13

angular rock, cobbles, and other sediments), soils, woody debris, geotechnical 14

fabrics, and native plant materials employed to stabilize, protect and/or 15

reconstruct stream and riverbanks. 16

27. “Boating facilities” allowed in the Partnership include boat launches and upland 17

boat storage, marinas, and other boat moorage structures or uses. For the 18

purposes of this SMP, boating facilities excludes docks serving four or fewer 19

single-family residences. 20

28. “Breakwater” means an offshore structure whose primary purpose is to protect 21

harbors, moorages, and navigation activity from wave and wind action by 22

creating stillwater areas along shore. A secondary purpose is to protect 23

shorelines from wave-caused erosion. Breakwaters are generally built parallel 24

to shore, may or may not be connected to land, and may be floating or 25

stationary. 26

29. “Buffer, Critical Areas,” means an area, which provides the margin of safety 27

through protection of slope stability, attenuation of surface water flows and 28

landslide hazards reasonably necessary to minimize risk to the public from loss 29

of life or well-being or property damage resulting from natural disasters, or an 30

area which is an integral part of a stream or wetland ecosystem and which 31

provides shading, input of organic debris and coarse sediments, room for 32

variation in stream or wetland boundaries, habitat for wildlife and protection 33

from harmful intrusion necessary to protect the public from losses suffered 34

when the functions and values of aquatic resources are degraded. 35

30. “City” means the City of Kettle Falls. 36

31. “Channel migration zone (CMZ)” means the area along a river within which the 37

channel(s) can be reasonably predicted to migrate over time as a result of 38

April 2016


natural and normally occurring hydrological and related processes when 1

considered with the characteristics of the river and its surroundings. (The SMP 2

regulatory CMZ is mapped and on file at the County.) 3

32. “Clearing” means the cutting, killing, grubbing, or removing of vegetation or 4

other organic material by physical, mechanical, chemical, or any other similar 5

means. 6

33. “Cluster” means a group of three or more significant trees with overlapping or 7

touching crowns. 8

34. “Partnership” refers to Stevens County, and the City of Kettle Falls, Town of 9

Marcus, and Town of Northport. 10

35. “Community access” means a shoreline access available to a group or 11

community (e.g., homeowners association) which may not be accessible to 12

general public. 13

36. “Compensation project” means actions specifically designed to replace project-14

induced critical area and buffer losses. Compensation project design elements 15

may include land acquisition, planning, construction plans, monitoring, and 16

contingency actions. 17

37. “Compensatory mitigation” means types of mitigation used to replace project-18

induced critical areas and buffer losses or impacts. 19

38. “County” means Stevens County. 20

39. “Crime Prevention Through Environmental Design” (CPTED) is defined as a 21

multi-disciplinary approach to deterring criminal behavior through 22

environmental design. 23

40. “Critical aquifer recharge area” means those areas that meet the following 24

requirements: 25

a. Designated as “Wellhead Protection Areas” pursuant to WAC 246-290-26

135(4) and the groundwater contribution area in WAC 246-291-100 27

(2)(e). Wellhead protection areas shall, for the purpose of this 28

regulation, include the identified recharge areas associated with either 29

Group A public water supply wells and those Group B wells with a 30

wellhead protection plan filed with the Northeast Tri-County Health 31

District. 32

b. Identified in the Soil Survey for Stevens County as having high potential 33

for aquifer recharge, including those soil types identified by the 34

Shoreline Administrator. 35

41. “Crown” means the area of a tree containing leaf- or needle-bearing branches. 36

April 2016


42. “Cultural and historic resources” means buildings, sites, and areas having 1

archaeological, historic, cultural, or scientific value or significance. 2

43. “Delineation” means the determination of an area's boundaries in the field 3

according to the application of specific methodology by an agency(ies) or 4


44. “Development” means a use consisting of the construction or exterior alteration 6

of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, 7

or minerals; bulk heading; driving of piling; placing of obstructions; or any 8

project of a permanent or temporary nature, which interferes with the normal 9

public use of the surface of the waters overlying lands subject to the act at any 10

stage of water level. 11

45. “Development permit” means any permit issued by Stevens County, the City of 12

Kettle Falls, Town of Marcus, Town of Northport or other authorized agency, 13

for construction, land use, or the alteration of land. 14

46. “Dock” means, as a general term, a structure, or group of structures that 15

provides boat moorage or other uses. A dock may be made up of piers (which 16

are structures on fixed piles) and floats (which float on the water’s surface and 17

are typically attached to piles so that they may rise and fall with changes in the 18

water's elevation). 19

47. “Ecological functions” or “shoreline functions” means the work performed or 20

role played by the physical, chemical, and biological processes and species that 21

contribute to the maintenance of the aquatic and terrestrial environments that 22

constitute the shoreline’s natural ecosystem. 23

48. “Ecosystem-wide processes” means the suite of naturally occurring physical and 24

geologic processes of erosion, transport, and deposition and specific chemical 25

processes that shape landforms within a specific shoreline ecosystem and 26

determine both the types of habitat and the associated ecological functions. 27

49. “Erosion” means the detachment and movement of soil or rock by water, wind, 28

ice, or gravity. 29

50. “Erosion hazard area” means those areas that, because of natural characteristics, 30

including vegetative cover, soil texture, slope gradient, rainfall patterns, or 31

human-induced changes to such characteristics, are vulnerable to erosion. 32

51. “Feasible” means, for the purpose of this chapter, that an action, such as a 33

development project, mitigation, or preservation requirement, meets all of the 34

following conditions: a) the action can be accomplished with technologies and 35

methods that have been used in the past in similar circumstances, or studies or 36

tests have demonstrated in similar circumstances that such approaches are 37

currently available and likely to achieve the intended results; b) the action 38

provides a reasonable likelihood of achieving its intended purpose; and c) the 39

April 2016


action does not physically preclude achieving the project’s primary intended 1

legal use. In cases where these guidelines require certain actions, unless they 2

are infeasible, the burden of proving infeasibility is on the applicant. In 3

determining an action’s infeasibility, the reviewing agency may weigh the 4

action’s relative public costs and public benefits, considered in the long-term 5

time frames as required by RCW 90.58.020(3). 6

52. “Federal Emergency Management Agency (FEMA)” means the agency that 7

oversees the administration of the National Flood Insurance Program (44 CFR). 8

53. “Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining 9

structure, or other material to an area waterward of the OHWM, in wetlands or 10

on shoreline areas in a manner that raises the elevation or creates dry land. 11

54. “Fish and wildlife habitat conservation areas” means areas necessary for 12

maintaining species in suitable habitats within their natural geographic 13

distribution so that isolated subpopulations are not created as designated by 14

WAC 365-190-080(5). “Fish and wildlife habitat conservation areas” do not 15

include all attributes of shoreline natural character and ecological function as 16

defined in the SMA and this SMP. “Fish and wildlife habitat conservation 17

areas” include the following items: 18

a. Areas within which state and federal endangered and threatened species 19

exist, or state sensitive, candidate, and monitor species have a primary 20

association. 21

b. Priority Habitat and Species Areas for endangered, threatened, sensitive, 22

and candidate species identified by the WDFW. 23

c. Habitats and species of local importance that have been designated by 24

the County at the time of application. 25

d. Naturally occurring ponds less than 20 acres and their submerged 26

aquatic beds that provide fish or wildlife habitat. These do not include 27

ponds deliberately designed and created from dry sites such as canals, 28

detention facilities, wastewater treatment facilities, farm ponds, 29

temporary construction ponds of less than 3 years duration, and 30

landscape amenities. Naturally occurring ponds may include those 31

artificial ponds intentionally created from dry areas in order to mitigate 32

conversion of ponds, if permitted by a regulatory authority. 33

e. Waters of the state as defined by WAC 222-16. 34

f. Lakes, ponds, streams, and rivers planted with game fish by a 35

governmental or tribal entity. 36

g. State natural area preserves and natural resources conservation areas. 37

April 2016


55. “Flood” or “flooding” mean a general and temporary condition of partial or 1

complete inundation of normally dry land areas from the overflow of inland 2

waters and/or the unusual and rapid accumulation of runoff or surface waters 3

from any source. 4

56. “Flood hazard area” means any area subject to inundation by the base flood or 5

risk from channel migration, including, but not limited to, an aquatic area, 6

wetland, or closed depression. 7

57. “Flood insurance rate map (FIRM)” means the official map on which the 8

Federal Insurance and Mitigation Administration (FIMA) has delineated both 9

the areas of special flood hazards and the risk premium zones applicable to the 10

Partnership. 11

58. “Floodplain” is synonymous with 100-year floodplain and means that land area 12

susceptible to inundation with a 1% chance of being equaled or exceeded in any 13

given year. The limit of this area shall be based on flood ordinance regulation 14

maps or a reasonable method, which meets the objectives of the act. 15

59. “Floodway” means the channel of a river or other watercourse and the adjacent 16

land areas through which the base flood is discharged. Floodways identified on 17

flood boundary and floodway maps become “regulatory floodways” within 18

which encroachment of obstructions are prohibited. 19

60. “Fluvial geomorphology” refers to structure and dynamics of stream and river 20

corridors within a watershed and provides an understanding of the natural 21

formation and human alteration of a stream or river channel, including the 22

floodplain and associated upland transitional zone. 23

61. "Forest practice" means any activity conducted on or directly pertaining to 24

forest land and relating to growing, harvesting, or processing timber, or 25

removing forest biomass, including but not limited to: 26

Activities in and over typed water; 27

Road and trail construction; 28

Harvesting, final and intermediate; 29

Precommercial thinning; 30

Reforestation; 31

Fertilization; 32

Prevention and suppression of diseases and insects; 33

Salvage of trees/logs both in-forest and in-water; and 34

Brush control. 35

36

“Forest practice" shall not include: Forest species seed orchard operations 37

and intensive forest nursery operations; preparatory work such as tree 38

marking, surveying and road flagging; or removal or harvest of incidental 39

April 2016


vegetation from forest lands such as berries, ferns, greenery, mistletoe, 1

herbs, mushrooms, and other products which cannot normally be expected 2

to result in damage to forest soils, timber or public resources. 3

62. “Functions” and “values,” for purposes of applying SMP Section 5.00, Critical 4

Areas, mean the beneficial roles served by critical areas, including, but not 5

limited to, water quality protection and enhancement, fish and wildlife habitat, 6

food chain support, flood storage, conveyance and attenuation, groundwater 7

recharge and discharge, erosion control, and recreation. Functions and values 8

may be considered independently, with functions being measured indicators 9

such as water quality, hydrologic functions, and habitat functions and values 10

being non-measured indicators such as local importance, potential qualities, or 11

recreational benefits. 12

63. “Geologically hazardous areas” means areas that, because of their susceptibility 13

to erosion, sliding, earthquake, or other geologic events, are not suited to the 14

siting of commercial, residential, or industrial development consistent with 15

public health or safety concerns. Geologically Hazardous Areas include 16

Erosion Hazards, Landslide Hazards, Mine Hazards, and Seismic Hazards, as 17

defined herein and specified in SMP Section 5.5. 18

64. “Geomorphic” means of or relating to the form of the landscape and other 19

natural features of the earth's surface. 20

65. “Geotechnical Report” or “geotechnical analysis” means a scientific study or 21

evaluation conducted by a qualified expert that includes a description of the 22

ground and surface hydrology and geology; the affected landform and its 23

susceptibility to mass wasting, erosion, and other geologic hazards or processes, 24

conclusions, and recommendations regarding the effect of the proposed 25

development on geologic conditions; the adequacy of the site to be developed; 26

the impacts of the proposed development; alternative approaches to the 27

proposed development; and measures to mitigate potential site-specific, 28

cumulative geological, and hydrological impacts of the proposed development, 29

including the potential adverse impacts on adjacent and down-current 30

properties. Geotechnical Reports shall conform to accepted technical standards 31

and must be prepared by qualified professional engineers or geologists who 32

have professional expertise about the regional and local shoreline geology and 33

processes. 34

66. “Grading” means stripping, cutting, filling, or stockpiling of land, including the 35

land in its cut or filled condition to create new grade. 36

67. “Groin” means a barrier type of structure extending from the stream bank into a 37

waterbody for the purpose of the protection of a shoreline and adjacent uplands 38

by influencing the movement of water or deposition of materials. 39

68. “Ground cover” means all types of vegetation other than trees. 40

April 2016


69. “Hazard areas” means areas designated as frequently flooded or geologically 1

hazardous areas due to potential for erosion, landslide, seismic activity, mine 2

collapse, or other geologically hazardous conditions, including steep slopes. 3

70. “Hazardous substance(s)” is as follows: 4

a. A hazardous substance as defined by Section 101(14) of the 5

Comprehensive Environmental Response, Compensation, and Liability 6

Act; any substance designated pursuant to Section 311(b)(2)(A) of the 7

CWA; any hazardous waste having the characteristics identified under or 8

listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not 9

including any waste the regulation of which under the Solid Waste 10

Disposal Act has been suspended by Act of Congress); any toxic 11

pollutant listed under Section 307(a) of the CWA; or any imminently 12

hazardous chemical substance or mixture with respect to which the EPA 13

has taken action pursuant to Section 7 of the Toxic Substances Control 14

Act. 15

b. Hazardous substances that include any liquid, solid, gas, or sludge, 16

including any material, substance, product, commodity, or waste, 17

regardless of quantity, that exhibit any of the physical, chemical, or 18

biological properties described in WAC 173-303-090, 173-303-102, or 19

173-303-103. 20

71. “High-intensity land use” means land uses consisting of commercial, urban, 21

industrial, institutional, retail, residential on parcels less than 2.5 acres per unit, 22

agricultural (dairies, nurseries, raising and harvesting crops, requiring annual 23

tilling, and raising and maintaining animals), high-intensity recreation (golf 24

courses and ball fields), and hobby farms. 25

72. “Hydraulic project approval (HPA)” means a permit issued by WDFW for 26

modification to waters of the state in accordance with RCW 75.20. 27

73. “Impervious surface area” means a hard surface area, which either prevents or 28

retards the entry of water into the soil mantle as under natural conditions prior 29

to development. Impervious surface shall also include a hard surface area, 30

which causes water to run off the surface in greater quantities or at an increased 31

rate of flow from the flow present under natural conditions prior to 32

development. Common impervious surfaces include rooftops, walkways, 33

patios, driveways, parking lots or storage areas, concrete or asphalt paving, 34

gravel roads with compacted subgrade, packed earthen materials, and oiled, 35

macadam or other surfaces, which similarly impede the natural infiltration of 36

stormwater. Open, uncovered retention/detention facilities shall not be 37

considered as impervious surfaces. 38

74. “In-stream structures” function for the impoundment, diversion, or use of water 39

for hydroelectric generation and transmission (including public and private 40

April 2016


facilities), flood control, irrigation, water supply (domestic and industrial), 1

recreation, or fisheries enhancement. 2

75. “Invasive, non-native vegetation species” means the plants listed for Eastern 3

Washington in Washington State Noxious Weed Board Publication # 820-264E 4

(N/6/09) or the latest version of this document. 5

76. “Landslide” means down slope movement of a mass of soil, rock, snow, or ice, 6

including, but not limited to, rock falls, slumps, mud flows, debris flows, 7

torrents, earth flows, and snow avalanches. 8

77. “Landslide hazard areas” means those areas potentially subject to landslides 9

based upon a combination of geologic, topographic, and hydrologic factors. 10

78. “Littoral transport” means the transport of non-cohesive sediments such as sand 11

and silt, along the foreshore and the shoreface due to the action of the breaking 12

waves and the longshore current. 13

79. “Low-intensity land use” includes forestry and open space (such as passive 14

recreation and natural resources preservation). 15

80. “May” means the action is acceptable, provided it conforms to the provisions of 16

this chapter. 17

81. “Mining” is the removal of naturally occurring materials from the earth for 18

economic use. The removal of sand and gravel from shoreline areas of 19

Washington usually results in erosion of land and silting of water. These 20

operations can create silt and kill bottom-living animals. 21

82. “Mitigation sequencing” means the process of avoiding, reducing, or 22

compensating for the adverse environmental impact(s) of a proposal, including 23

the following actions, listed in the order of preference, the first being the most 24

preferred: 25

a. Avoiding the impact altogether by not taking a certain action or parts of 26

an action 27

b. Where impact on critical areas or their buffers will not be avoided, 28

demonstrating that the impact meets the criteria for granting a Shoreline 29

Variance or other administratively approved alteration 30

c. Minimizing impacts by limiting the degree or magnitude of the action 31

and its implementation by using appropriate technology or by taking 32

affirmative steps to avoid or reduce impacts 33

d. Rectifying the impact by repairing, rehabilitating, or restoring the 34

affected environment 35

April 2016


e. Reducing or eliminating the impact over time by preservation and 1

maintenance operations during the life of the action 2

f. Compensating for the impact by replacing, enhancing, or providing 3

substitute resources or environments 4

g. Monitoring the impact and the compensation projects and taking 5

appropriate corrective measures 6

83. “Mixed-use” or “Mixed-use development” means a combination of uses within 7

the same building or site as a part of an integrated development project with 8

functional interrelationships and coherent physical design that includes a mix of 9

water-oriented and non-water-oriented uses. 10

84. “Moderate-intensity land use” includes residential on parcels equal to or greater 11

than 2.5 acres per 1 unit, moderate intensity open space (parks), and agriculture 12

(moderate intensity land uses such as orchards and hay fields). 13

85. “Monitoring” means the collection of data by various methods for the purpose 14

of understanding natural systems and features, evaluating the impact of 15

development proposals on such systems, and/or assessing the performance of 16

mitigation measures imposed as conditions of development. 17

86. “Must” means a mandate; the action is required. 18

87. “Native vegetation” means plant species that are indigenous to the region. 19

88. “New agricultural activities” are activities that meet the definition of 20

agricultural activities but are proposed on land not in agricultural use at the 21

adoption date of this SMP. 22

89. “New construction” means structures for which the start of construction 23

commenced on or after the effective date of the ordinance codified in this SMP. 24

90. “Nonconforming use or development” means a shoreline use or development, 25

which was lawfully constructed or established prior to the effective date of the 26

act or the applicable SMP, or amendments thereto, but which does not conform 27

to present regulations or standards of the program. 28

91. “Non-water-oriented uses” means those uses that are not water-dependent, 29

water-related, or water-enjoyment. 30

92. “Normal maintenance” means those usual acts that are necessary to prevent a 31

property’s decline, lapse, or cessation from a lawfully established condition. 32

93. “Normal repair” means to restore a structure or development to a state 33

comparable to its original condition including, but not limited to, its size, shape, 34

configuration, location, and external appearance, within a reasonable period 35

Commented [A459]: What about lands enrolled in CRP from 60years ago or more? Or fallowed at time of adoption?

April 2016


after decay or partial destruction, except where repair causes substantial adverse 1

impacts on shoreline resources or environment. Replacement of a structure or 2

development may be authorized as repair where such replacement is the 3

common method of repair for the type of structure or development, and the 4

replacement structure or development is comparable to the original structure or 5

development including, but not limited to, its size, shape, configuration, 6

location, and external appearance, and the replacement does not cause 7

substantial adverse impacts on shoreline resources or environment. 8

94. “Ordinary high water mark (OHWM)” means that mark that will be found by 9

examining the bed and banks and ascertaining where the presence and action of 10

waters are so common and usual, and so long continued in all ordinary years, as 11

to mark upon the soil a character distinct from that of the abutting upland, in 12

respect to vegetation as that condition exists on June 1, 1971, as it may naturally 13

change thereafter in accordance with permits issued by a local government or 14

the department. Where the OHWM cannot be found, it shall be the line of mean 15

high water. For braided streams, the OHWM is found on the banks forming the 16

outer limits of the depression within which the braiding occurs. 17

95. “Practical alternative” means an alternative that is available and capable of 18

being carried out after taking into consideration cost, existing technology, and 19

logistics in light of overall project purposes and having less impact on critical 20

areas. 21

96. “Primitive trail” means unimproved and unpaved but physically defined 22

pathway for non-motorized movement. 23

97. “Priority habitat” means a habitat type with unique or significant value to one or 24

more species. A priority habitat may be described by a unique vegetation type 25

or by a dominant plant species that is of primary importance to fish and wildlife. 26

A priority habitat may also be described by a successional stage (such as old 27

growth and mature forests). Alternatively, a priority habitat may consist of a 28

specific habitat element (such as caves or snags) of key value to fish and 29

wildlife. A priority habitat may contain priority and/or non-priority fish and 30

wildlife. An area classified and mapped as priority habitat must have one or 31

more of the following attributes: 32

a. Comparatively high fish or wildlife density 33

b. Comparatively high fish or wildlife species diversity 34

c. Fish spawning habitat 35

d. Important wildlife habitat 36

e. Important fish or wildlife seasonal range 37

f. Important fish or wildlife movement corridor 38

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g. Rearing and foraging habitat 1

h. Refugia habitat 2

i. Limited availability 3

j. High vulnerability to habitat alteration 4

k. Unique or dependent species 5

98. “Priority species” means species requiring protective measures and/or 6

management guidelines to ensure their persistence at genetically viable 7

population levels. Priority species are those that meet any of the following 8

criteria: 9

a. Criterion 1. State-listed or state-proposed species. State-listed species 10

are those native fish and wildlife species legally designated as 11

endangered (WAC 232-12-014), threatened (WAC 232-12-011), or 12

sensitive (WAC 232-12-011). State-proposed species are those fish and 13

wildlife species that will be reviewed by the WDFW (POL-M-6001) for 14

possible listing as endangered, threatened, or sensitive according to the 15

process and criteria defined in WAC 232-12-297. 16

b. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include 17

those species or groups of animals susceptible to significant population 18

declines, within a specific area or statewide, by virtue of their inclination 19

to congregate. 20

c. Criterion 3. Species of recreational, commercial, and/or tribal 21

importance. Native and non-native fish and wildlife species of 22

recreational or commercial importance and recognized species used for 23

tribal ceremonial and subsistence purposes that are vulnerable to habitat 24

loss or degradation. 25

d. Criterion 4. Species listed under the ESA as either proposed, threatened, 26

or endangered. 27

99. “Provisions” means any definition, policy, goal, regulation, requirement, 28

standard, authorization, prohibition, guideline criteria, or environment 29

designations. 30

100. “Public Access” means physical and visual access. Public access includes the 31

ability of the general public to reach, touch, and enjoy the water’s edge, to travel 32

on the waters of the state, and to view the water and the shoreline from adjacent 33

locations. Examples of public access are as follows: 34

a. Visual Access. Visual public access may consist of view corridors, 35

viewpoints, or other means of visual approach to public waters. 36

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b. Physical Access. Physical public access may consist of a dedication of 1

land or easement and a physical improvement in the form of a walkway, 2

trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 3

view platform, or other area serving as a means of physical approach to 4

public waters. 5

101. “Public agency” means every city, county, state, or federal office; every officer; 6

every institution, whether educational, correctional, or other; and every 7

department, division, board, and commission that provides services or 8

recommendations to the public or other such agencies. 9

102. “Public utility” means a public service corporation performing some public 10

service subject to special governmental regulations or a governmental agency 11

performing similar public services, either of which are paid for directly by the 12

recipients thereof. Such services shall include water supply, electric power, gas, 13

and transportation for persons and freight. 14

103. “Qualified professional” means a person with experience and training in the 15

pertinent discipline, and who is a qualified expert with expertise appropriate for 16

the relevant critical area or shoreline subject. A qualified professional must 17

have obtained a B.S., B.A., or equivalent degree or certification in biology, 18

engineering, environmental studies, fisheries, geomorphology, landscape 19

architecture, forestry or related field, and 2 years of related work experience. 20

a. A qualified professional for wildlife, habitats, or wetlands must have a 21

degree in biology, zoology, ecology, fisheries, or related field, and 22

professional experience in the State of Washington. 23

b. A qualified professional for a geological hazard must be a professional 24

engineer or geologist, licensed in the State of Washington. 25

c. A qualified professional for critical aquifer recharge areas means a 26

hydrogeologist, geologist, engineer, or other scientist with experience in 27

preparing hydrogeologic assessments. 28

d. A qualified professional with flood and CMZ expertise must be a 29

hydrologist or fluvial geomorphologist. 30

e. A qualified professional for vegetation management must be a registered 31

landscape architect, certified arborist, biologist, or professional forester 32

with a corresponding degree or certification. 33

f. A qualified archaeologist must be a person qualified for addressing 34

cultural and historic resources protection and preservation, with a degree 35

in archaeology, anthropology, history, classics, or other germane 36

disciplines with a specialization in archaeology and/or historic 37

preservation and with a minimum of 2 years of experience in preparing 38

cultural resource site assessments reports. 39

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104. “Recreational development” means the modification of the natural or existing 1

environment to accommodate commercial and public facilities designed and 2

used to provide recreational opportunities to the public. Commercial 3

recreational development should be consistent with commercial development 4

defined herein. 5

105. “Research and Monitoring” includes activities associated with identifying 6

collecting, monitoring, and evaluating scientific data and information to support 7

water, fisheries and other ecological services management, restoration, and 8

operational activities. Example activities that could be included under this 9

category include installing and operating stream and water quality monitoring 10

gages, collecting fisheries data using a trap or other devices, setting up and 11

using equipment to collect sediment data, and other data collection activities 12

that need to utilize the shoreline and waters of the state to meet public 13

objectives. 14

106. “Residential development” entails one or more buildings, structures, lots, 15

parcels or portions thereof that are designed, used, or intended to be used as a 16

place of abode for human beings. These include single-family residences, 17

residential subdivisions, short residential subdivisions, attached dwellings, and 18

all accessory uses or structures normally associated with residential uses. 19

Accessory residential uses include garages, sheds, tennis courts, swimming 20

pools, parking areas, fences, cabanas, saunas, and guest cottages. Hotels, 21

motels, dormitories, or any other type of overnight or transient housing are 22

excluded from the residential category and must be considered commercial uses 23

depending on project characteristics. 24

107. “Restore,” “Restoration,” or “Ecological restoration” means the reestablishment 25

or upgrading of impaired natural or enhanced ecological shoreline processes or 26

functions. This may be accomplished through measures including, but not 27

limited to, revegetation, removal of intrusive shoreline structures, and removal 28

or treatment of toxic materials. Restoration does not imply a requirement for 29

returning the shoreline area to pre-aboriginal or pre-European settlement 30

conditions. 31

108. “Riparian habitat” means areas adjacent to aquatic systems with flowing water 32

that contains elements of aquatic and terrestrial ecosystems that mutually 33

influence each other. 34

109. “Salmonid” means a member of the fish family Salmonidae, including: 35

Chinook, Coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, 36

rainbow, and steelhead trout; kokanee; and native char (bull trout and Dolly 37

Varden). 38

110. "Salvage" means the removal of snags, down logs, windthrow, or dead and 39

dying material, or recovery of submerged logs in the aquatic environment that 40

were deposited. 41

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111. “Section 404 Permit” means a permit issued by USACE for the placement of 1

dredge or fill material waterward of the OHWM or clearing in waters of the 2

United States, including wetlands, in accordance with 33 United States Code 3

(USC) Section 1344. 4

112. “Shall” means a mandate; the action must be done. 5

113. “Shoreline areas” and “shoreline jurisdiction” means all “shorelines of the state” 6

and “shorelands” as defined in RCW 90.58.030. 7

114. “Shoreline Master Program” means the comprehensive use plan for a described 8

area and the use regulations together with maps, diagrams, charts, or other 9

descriptive material and text, a statement of desired goals, and standards 10

developed in accordance with the policies enunciated in RCW 90.58.020. As 11

provided in RCW 36.70A.480, the goals and policies of an SMP for a county or 12

city approved under RCW 90.58 shall be considered an element of the county or 13

city’s comprehensive plan. All other portions of the SMP for a county or city 14

adopted under RCW 90.58, including use regulations, shall be considered a part 15

of the county or city’s development regulations. 16

115. “Shoreline modifications” means those actions that modify the physical 17

configuration or qualities of the shoreline area, usually through the construction 18

of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, 19

bulkhead, or other shoreline structure. They can include other actions, such as 20

clearing, grading, or application of chemicals. 21

116. “Shoreline stabilization” means actions taken to address erosion impacts to 22

property and dwellings, businesses, or structures caused by natural processes 23

such as current, flood, wind, or wave action. These actions include structural 24

and non-structural methods. Non-structural methods include building setbacks, 25

relocation of the structure to be protected, groundwater management, and 26

planning and regulatory measures to avoid the need for structural stabilization. 27

117. “Should” means that the particular action is required unless there is a 28

demonstrated, compelling reason, based on policy of the SMA and this chapter, 29

against taking the action. 30

118. “Significant adverse environmental impacts” (as used in SEPA) means a 31

reasonable likelihood of more than a moderate adverse impact on environmental 32

quality (WAC 197-11-794). 33

119. “Significant vegetation removal” means the removal or alteration of trees, 34

shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical 35

means, or other activity that causes significant ecological impacts on functions 36

provided by such vegetation. The removal of invasive or noxious weeds does 37

not constitute significant vegetation removal. Tree pruning, not including tree 38

topping, where it does not affect ecological functions, does not constitute 39

significant vegetation removal. 40

April 2016


120. “Silviculture” is the art and science of controlling the establishment, growth, 1

composition, health, and quality of forests and woodlands to meet the diverse 2

needs and values of landowners and society on a sustainable basis. 3

121. “Site Assessment Reports” contain required information for a Critical Areas 4

Report. 5

122. “SMA Rule” means those standards adopted by the department to implement 6

the policy of chapter 90.58 RCW for regulation of use of the shorelines of the 7

state prior to adoption of SMPs. Such standards shall also provide criteria for 8

local governments and the department in developing and amending SMPs. 9

123. “Snag” means the remaining trunk of a dying, diseased, or dangerous tree that is 10

reduced in height and stripped of all live branches. 11

124. “Special flood hazard area” means an area subject to a base or 100-year flood; 12

areas of special flood hazard are shown on a flood hazard boundary map or 13

flood insurance rate map as Zone A, AO, A1-30, AE, A99, and AH. 14

125. “Species and habitats of local importance” means those species that may not be 15

endangered, threatened, or critical from a state-wide perspective but are of local 16

concern due to their population status, sensitivity to habitat manipulation, or 17

other educational, cultural, or historic attributes. These species may be priority 18

habitats, priority species, and those habitats and species identified in the critical 19

areas code as having local importance (e.g., elk). 20

126. “Species, threatened and endangered” means those native species that are listed 21

by WDFW pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or 22

endangered (WAC 232-12-014), or that are listed as threatened or endangered 23

under the ESA (16 USC 1533). 24

127. “Start of construction” means and includes substantial improvement and means 25

the date the building permit was issued, provided the actual start of 26

construction, repair, reconstruction, placement, or other improvement was 27

within 180 days of the permit issuance date. For cumulative tracking, the 28

permit may extend beyond the specified time frame to the time of permit 29

completion. The actual start means either the first placement of permanent 30

construction of a structure on a site such as the pouring of slab or footings, the 31

installation of piles, the construction of columns, or any work beyond the stage 32

of excavation, or the placement of a manufactured home on a foundation. 33

Permanent construction does not include land preparation, such as clearing, 34

grading, and filling, nor does it include the installation of streets and/or 35

walkways, nor does it include excavation for a basement, footings, piers, or 36

foundation or the erection of temporary forms, nor does it include the 37

installation on the property of accessory buildings such as garages or sheds not 38

occupied as dwelling units or not part of the main structure. For a substantial 39

improvement, the actual start of construction means the first alteration of any 40

April 2016


wall, ceiling, floor, or other structural part of a building, whether or not that 1

alteration affects the external dimensions of the building. 2

128. “Steep slopes” means those slopes (excluding County-approved geotechnical 3

engineered slopes) 40% or steeper within a vertical elevation change of at least 4

10 feet. A slope is defined by establishing its toe and top and is measured by 5

averaging the inclination over at least 10 feet of vertical relief. 6

129. “Stream” means any portion of a channel, bed, bank, or bottom waterward of 7

the OHWM of waters of the state, including areas in which fish may spawn, 8

reside, or pass, and tributary waters with defined bed or banks, which influence 9

the quality of fish habitat downstream. This includes watercourses that flow on 10

an intermittent basis or fluctuate in level during the year and applies to the 11

entire bed of such watercourse whether or not the water is at peak level. This 12

definition does not include irrigation ditches, canals, stormwater runoff devices, 13

or other entirely artificial watercourses, except where they exist in a natural 14

watercourse that has been altered by humans. 15

130. “Structure” means a permanent or temporary edifice or building, or any piece of 16

work artificially built or composed of parts joined together in some definite 17

manner, whether installed on, above, or below the surface of the ground or 18

water. 19

131. “Substantial damage” means damage of any origin, including intentional and 20

unintentional demolition, sustained by a structure whereby the cost of restoring 21

the structure to its before-damaged condition would equal or exceed 50% of the 22

assessed value of the structure before the damage occurred. 23

132. “Substantial improvement” means any rehabilitation, repair, reconstruction, 24

addition, or other improvement of a building when the cost of the improvement 25

equals or exceeds 50% of the market value of the building before start of 26

construction of the improvement. The term includes buildings that have 27

incurred substantial damage or damage of any origin sustained by a building 28

when the cost of restoring the building to its pre-damaged condition would 29

equal or exceed 50% of the market value before the damage occurred. 30

Substantial improvement does not include any project for improvement of a 31

structure to correct existing violations of state or local health, sanitary, or safety 32

code specifications, which have been identified by the local code enforcement 33

official and are the minimum necessary to ensure safe living conditions or any 34

alteration of a historic structure, provided that the alteration will not preclude 35

the structure’s continued designation as a historic structure. 36

133. “Substantially degrade” means to cause significant ecological impact. 37

134. “Topping” means the severing of main trunks or stems of vegetation at any 38

place above 25% of the vegetation height. 39

April 2016


135. “Transportation facilities” are those structures and developments that provide 1

for the movement of people, goods, and services. These include roads and 2

highways, railroad facilities, bridges, parking facilities, bicycle paths, trails, and 3

other related facilities. 4

136. “Trees” means any living woody plant characterized by one main stem or trunk 5

and many branches and having a diameter of 4 inches or more measured 24 6

inches above ground level. 7

137. “Unavoidable” means adverse impacts that remain after all appropriate and 8

practicable avoidance and minimization have been achieved. 9

138. “Utility” means a service and/or facility that produces, transmits, carries, stores, 10

processes, or disposes of electrical power, gas, potable water, stormwater, 11

communications (including, but not limited to, telephone and cable), sewage, 12

oil, and the like. 13

139. “Vadose” means of, relating to, or being water and solutions in the earth’s crust 14

above the permanent groundwater level. 15

140. “Vegetation” means plant life growing below, at, and above the soil surface. 16

141. “Vegetation alteration” means any clearing, grading, cutting, topping, limbing, 17

or pruning of vegetation. 18

142. “Water-dependent use” means a use or portion of a use that cannot exist in a 19

location that is not adjacent to the water and that is dependent on the water by 20

reason of the intrinsic nature of its operations. 21

143. “Water-enjoyment use” means a recreational use or other use that facilitates 22

public access to the shoreline as a primary characteristic of the use or a use that 23

provides for recreational use or aesthetic enjoyment of the shoreline for a 24

substantial number of people as a general characteristic of the use, and which 25

through location, design, and operation ensures the publics ability to enjoy the 26

physical and aesthetic qualities of the shoreline. In order to qualify as a water-27

enjoyment use, the use must be open to the general public and the shoreline-28

oriented space within. The project must be devoted to the specific aspects of the 29

use that fosters shoreline enjoyment. 30

144. "Water-oriented use" means a use that is water-dependent, water-related, or 31

water-enjoyment, or a combination of such uses. 32

145. "Water quality" means the physical characteristics of water within shoreline 33

jurisdiction, including water quantity, hydrological, physical, chemical, 34

aesthetic, recreation-related, and biological characteristics. Where used in this 35

chapter, the term water quantity refers only to development and uses regulated 36

under this chapter and affecting water quantity such as impermeable surfaces 37

and stormwater handling practices. Water quantity, for purposes of this chapter, 38

April 2016


does not mean the withdrawal of groundwater or diversion of surface water 1

pursuant to RCW 90.03.250 through 90.03.340. 2

146. "Water-related use" means a use or portion of a use, which is not intrinsically 3

dependent on a waterfront location but whose economic viability is dependent 4

upon a waterfront location because: 5

a. The use has a functional requirement for a waterfront location such as 6

the arrival or shipment of materials by water or the need for large 7

quantities of water; or 8

b. The use provides a necessary service supportive of the water-dependent 9

uses and the proximity of the use to its customers makes its services less 10

expensive and/or more convenient. 11

147. "Weir" means a structure generally built perpendicular to the shoreline for the 12

purpose of diverting water or trapping sediment or other moving objects 13

transported by water. 14

148. "Wetlands" are areas that are inundated or saturated by surface or groundwater 15

at a frequency and duration sufficient to support and that under normal 16

circumstances do support a prevalence of vegetation typically adapted for life in 17

saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 18

and similar areas. Wetlands do not include those artificial wetlands intentionally 19

created from non-wetland sites, including, but not limited to, irrigation and 20

drainage ditches, grass-lined swales, canals, detention facilities, wastewater 21

treatment facilities, farm ponds, and landscape amenities, or those wetlands 22

created after July 1, 1990, that were unintentionally created as a result of the 23

construction of a road, street, or highway. Wetlands may include those artificial 24

wetlands intentionally created from non-wetland areas to mitigate the 25

conversion of wetlands. 26

03.10.870 Shoreline Environment Designation Map 27

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